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BAR EXAMINATION 2007

CIVIL LAW

9 September 2007 8 A.M. - 12 Noon

INSTRUCTIONS

This questionnaire consists of ten (10) numbers contained in seven (7) pages. Read each
question very carefully. Answer legibly, clearly, and concisely. Start each number on a
separate pages; an answer to a sub-question under the same number may be written
continuously on the same page and immediately succeeding pages until completed. Do not
repeat the question. A mere "Yes" or "No" answer without any corresponding discussion will
not be given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.

GOOD LUCK!!!

Signed ADOLFO S. AZCUNA

Chairperson

2007 Bar Examination Committee


PLEASE CHECK THE NUMBER OF PAGES IN THIS SET

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CIVIL LAW

Distinguish the following concepts:

1. Occupation v. possession. (5%)

2. Illegal and impossible conditions in a simple donation v. illegal and impossible


conditions in an onerous donation. (5%)

II

(10%)

Manila Petroleum Co. owned and operated a petroleum operation facility off the coast of
Manila. The facility was located on a floating platform made of wood and metal, upon which
was permanently attached the heavy equipment for the petroleum operations and living
quarters of the crew. The floating platform likewise contained a garden area, where trees,
plants and flowers were planted. The platform was tethered to a ship, the MV 101, which was
anchored to the seabed.

1. Is the platform movable or immovable property?

2. Are the equipment and living quarters movable or immovable property?

3. Are the trees, plants and flowers immovable or movable property?

Please briefly give the reason for your answers.

III.

Explain the following concepts and doctrines and give an example of each:

1. concept of trust de son tort (constructive trust) (5%)

2. doctrine of discovered peril (last clear chance) (5%)


IV.

(10%)

Bedrock Land & Property Development Corp. is a development company engaged in


developing and selling subdivisions, condominium units and industrial estates. In order to
replenish its inventories, it embarked on an aggressive land banking program. It employed
"scouts" who roam all over the Philippines to look for and conduct investigations on
prospective sites for acquisition and development, whether developed, semi-developed or
raw land. The management of Bedrock asks you as the company counsel to prepare a
manual containing a summary of the pertinent laws and regulations relating to land
registration and acquisition of title to land. The manual should include the following items:

1. What is the governing law?

2. What properties are not registrable?

Supply this information.

V.

(10%)

What are obligations without an agreement"? Give five examples of situations giving rise to
this type of obligations?

VI.

(10%)

Clara, thinking of her mortality, drafted a will and asked Roberta, Hannah, Luisa and
Benjamin to be witnesses. During the day of signing of her will, Clara fell down the stairs and
broke her arms. Coming from the hospital, Clara insisted on signing her will by thumb mark
and said that she can sign her full name later. While the will was being signed, Roberta
experienced a stomach ache and kept going to the restroom for long periods of time.
Hannah, while waiting for her turn to sign the will, was reading the 7th Harry Potter book on
the couch, beside the table on which everyone was signing. Benjamin, aside from witnessing
the will, also offered to notarize it. A week after, Clara was run over by a drunk driver while
crossing the street in Greenbelt.
May the will of Clara be admitted to probate? Give your reasons briefly.

VII.

Write "TRUE" if the statement is true or "FALSE" if the statement is false. If the statement is
FALSE, state the reason. (2% each).

1. Roberta, a Filipino, 17 years of age, without the knowledge of his parents, can
acquire a house in Australia because Australian Laws allow aliens to acquire property
from the age of 16.

2. If a man commits several acts of sexual infidelity, particularly in 2002, 2003, 2004,
2005, the prescriptive period to file for legal separation runs from 2002.

3. An individual, While single, purchases a house and lot in 1990 and borrows money in
1992 to repair it. In 1995, such individual gets married while the debt is still being
paid. After the marriage, the debt is still the responsibility of such individual.

4. The day after John and Marsha got married, John told her that he was impotent.
Marsha continued to live with John for 2 years. Marsha is now estopped from filing an
annulment case against John.

5. Amor gave birth to Thelma when she was 15 years old. Thereafter, Amor met David
and they got married when she was 20 years old. David had a son, Julian, with his
ex-girlfriend Sandra. Julian and Thelma can get married.

VIII.

(10%)

In 1986, Jennifer and Brad were madly in love. In 1989, because a certain Picasso painting
reminded Brad of her, Jennifer acquired it and placed it in his bedroom. In 1990, Brad and
Jennifer broke up. While Brad was mending his broken heart, he met Angie and fell in love.
Because the Picasso painting reminded Angie of him, Brad in his will bequeathed the
painting to Angie. Brad died in 1995. Saddened by Brad's death, Jennifer asked for the
Picasso painting as a remembrance of him. Angie refused and claimed that Brad, in his will,
bequeathed the painting to her. Is Angie correct? Why or why not?

IX
Multiple choice: Choose the right answer. (2% each)

1. The parties to a bailment are the:

1. bailor;

2. bailee;

3. comodatario;

4. all the above;

5. letters a and b

2. A deposit made in compliance with a legal obligation is:

1. an extrajudicial deposit;

2. a voluntary deposit;

3. a necessary deposit;

4. a deposit with a warehouseman;

5. letters a and b

3. A contract of antichresis is always:

1. a written contract;

2. a contract, with a stipulation that the debt will be paid through receipt of the
fruits of an immovable;

3. Involves the payment of interests, if owing;

4. All of the above;

5. Letters a and b

4. An, assignee in a proceeding under the Insolvency Law does not have the duty of:

1. suing to recover the properties of the state of the insolvent debtor;

2. selling property of the insolvent debtor;


3. ensuring that a debtor corporation operate the business efficiently and
effectively while the proceedings are pending;

4. collecting and discharging debts owed to the insolvent debtor.

5. In order to obtain approval of the proposed settlement of the debtor in an insolvency


proceeding.

1. the court must initiate the proposal

2. 2/3 of the number of creditors should agree to the settlement;

3. 3/5 of the number of creditors should agree to the settlement;

4. 1/3 of the total debts must be represented by the approving creditors;

5. Letters a and b

(10%)

For purpose of this question, assume all formalities and procedural requirements have been
complied with.

In 1970, Ramon and Dessa got married. Prior to their marriage, Ramon had a child, Anna. In
1971 and 1972, Ramon and Dessa legally adopted Cherry and Michelle respectively. In
1973, Dessa died while giving birth to Larry Anna had a child, Lia. Anna never married.
Cherry, on the other hand, legally adopted Shelly. Larry had twins, Hans and Gretel, with his
girlfriend, Fiona. In 2005, Anna, Larry and Cherry died in a car accident. In 2007, Ramon
died. Who may inherit from Ramon and who may not? Give your reason brieftly;

NOTHING FOLLOWS.
BAR EXAMINATION 2008

CIVIL LAW

14 September 2008 8 A.M. - 12 Noon

INSTRUCTIONS

This questionnaire consists of nineteen (19) questions contained in twelve (12) pages. Read
each question very carefully. Answer legibly, clearly and concisely. Start each number on a
separate page; an answer to a subquestion under the same number may be written
continuously on the same page and on the immediately succeeding pages until completed.
Do not repeat the question.

You will be given credit for your knowledge of legal doctrine and for the quality of your legal
reasoning. A mere "Yes" or "No" answer without any corresponding discussion will not be
given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.

GOOD LUCK!!!

Signed DANTE O. TINGA

Chairperson

2008 Bar Examination Committee


PLEASE CHECK THE NUMBER OF PAGES IN THIS SET

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CIVIL LAW

Ana Rivera had a husband, a Filipino citizen like her, who was among the passengers on
board a commercial jet plane which crashed in the Atlantic Ocean ten (10) years earlier and
had never been heard of ever since. Believing that her husband had died, Ana married Adolf
Cruz Staedtler, a divorced German national born of a German father and a Filipino mother
residing in Stuttgart. To avoid being reqiured to submit the required certificate of capacity to
marry from the German Embassy in Manila, Adolf stated in the application for marriage
license that he was a Filipino citizen. With the marriage license stating that Adolf was a
Filipino, the couple got married in a ceremony officiated by the Parish Priest of Calamba,
Laguna in a beach in Nasugbu, Batangas, as the local parish priest refused to solemnize
marriages except in his church. Is the marriage valid? Explain fully. (5%)

II

At age 18, Marian found out that she was pregnant. She insured her own life and named her
unborn child as her sole beneficiary. When she was already due to give birth, she and her
boyfriend Pietro, the father of her unboarn child, were kidnapped in a resort in Bataan where
they were vacationing. The military gave chase and after one week, they were found in an
abandoned hut in Cavite. Marian and Pietro were hacked with bolos. Marian and the baby
delivered were both found dead, with the baby's umbilical cord already cut. Pietro survived.

1. Can Marian's baby be the beneficiary of the insurance taken on the life of the mother?
(2%)

2. Between Marian and the baby, who is presumed to have died ahead? (1%)

3. Will Pietro, as surviving biological father of the baby, be entitled to claim the proceeds
of the life insurance on the life of Marian? (2%)

III
Roderick and Faye were high school sweethearts. When Roderick was 18 and Faye, 16
years old, they started to live together as husband and wife without the benefit of marriage.
When Faye reached 18 years of age, her parents forcibly took her back and arranged for her
marriage to Brad. Although Faye lived with Brad after the marriage, Roderick continued to
regularly visit Faye while Brad was away at work. During their marriage, Faye gave birth to a
baby girl, Laica. When Faye was 25 years old, Brad discovered her continued liason with
Roderick and in one of their heated arguments, Faye shot Brad to death. She lost no time in
marrying her true love Roderick, without a marriage license, claiming that they have been
continuosly cohabiting for more than 5 years.

1. Was the marriage of Roderick and Faye valid? (2%)

2. What is the filiation status of Laica? (2%)

3. Can Laica bring an action to impugn her own status on the ground that based on
DNA results, Roderick is her biological father? (2%)

4. Can Laica be legitimated by the marriage of her biological parents? (1%)

IV

Gianna was born to Andy and Aimee, who at the time Gianna's birth were not married to
each other. While Andy was single at the time, Aimee was still in the process of securing a
judicial declaration of nullity on her marriage to her ex-husband. Gianna's birth certificate,
which was signed by both Andy and Aimee, registered the status of Gianna as "legitimate",
her surname carrying that of Andy's and that her parents were married to each other.

1. Can a judicial action for correction of entries in Gianna's birth certificate be


successfully maintained to:

1. Change her status from "legitimate" to "illegitimate" (1%);

2. and

3. Change her surname from that of Andy's to Aimee's maiden surname? (1%)

2. Instead of a judicial action, can administrative proceedings be brought for the purpose
of making the above corrections? (2%)
3. Assuming that Aimee is successful in declaring her former marriage void, and Andy
and Aimee subsequently married each other, would Gianna be legitimated? (1%)

Despite several relationships with different women, Andrew remained unmarried. His first
relationship with Brenda produced a daughter, Amy, now 30 years old. His second, with
Carla, produced two sons: Jon and Ryan. His third, with Donna, bore him no children
although Elena has a daughter Jane, from a previous relationship. His last, with Fe,
produced no biological children but they informally adopted without court proceedings,
Sandy's now 13 years old, whom they consider as their own. Sandy was orphaned as a baby
and was entrusted to them by the midwife who attended to Sandy's birth. All the children,
including Amy, now live with andrew in his house.

1. Is there any legal obstacle to the legal adoption of Amy by Andrew? To the legal
adoption of Sandy by Andrew and Elena? (2%)

2. In his old age, can Andrew be legally entitled to claim support from Amy, Jon, Ryan,
Vina, Wilma, and Sandy assuming that all of them have the means to support him?
(1%)

3. Can Amy, Jon, Ryan, Vina, Wilma, and Sandy legally claim support from each other?
(2%)

4. Can Jon and Jane legally marry? (1%)

VI

Alex died without a will, leaving only an undeveloped and untitled lot in Tagiug City. He is
survived by his wife and 4 children. His wife told the children that she is waiving her share in
the property, and allowed Bobby, the eldest son who was about to get married, to construct
his house on ¼ of the lot, without however obtaining the consent of his siblings. After
settlement of Alex's estate and partition among the heirs, it was discovered that Bobby's
house was constructed on the portion allocated to his sister, Cathy asked Bobby to demolish
his house and vacate the portion alloted to her. In leiu of demolition, Bobby offered to
purchase from Cathy the lot portion on which his house was constructed. At that time, the
house constructed was valued at P350.000.
1. Can Cathy lawfully ask for demolition of Bobby's house? (3%)

2. Can Bobby legally insist on purchasing the land? (2%)

VII

Anthony bought a piece of untitled agricultural land from Bert. Bert, in turn, acquired the
property by forging carlo's signature in a deed of sale over the property. Carlo had been in
possession of the property for 8 years, declared it for tax purposes, and religiously paid all
taxes due on the property. Anthony is not aware of the defect in Bert's title, but has been in
actual physical possession of the property from the time he bought it from Bert, who had
never been in possession of the property for one year.

1. Can Anthony acquire ownership of the property by acquisitive prescription? How


many more years does he have possess it to acquire ownership? (2%)

2. If Carlo is able to legally recover his property, can he require Anthony to account for
all the fruits he has harvested from the property while in possession? (2%)

3. If there are standing crops on the property when Carlo recovers possession, can
Carlo appropriate them? (2%)

VIII

Adam, a building contractor, was engaged by Blas to construct a house on a lot which he
(Blas) owns. While digging on the lot in order to lay down the foudation of the house, Adam
hit a very hard object. It turned out to be the vault of the old Banco de las Islas Filipinas.
Using a detonation device, Adam was able to open the vault containing old notes and coins
which were in circulation during the Spanish era. While the notes and coins are no longer
legal tender, they were valued at P100 million because of their historical value and the coins
silver nickel content. The following filed legal claims over the notes and coins:

1. Adam, as finder;

2. Blas, as owner of the property where they were found;

3. Bank of the Philippine Islands, as successor-in-interest of the owner of the


vault; and
4. The Philippine Government because of their historical value.

2. Who owns the notes and coins? (4%)

3. Assuming that either or both Adam and Blas are adjudged as owners, will the notes
and coins be deemed part of their absolute community or conjugal partnership of
gains with their respective spouses? (2%)

IX

The properties of Jessica and Jenny, who are neighbors, lie along the banks of the Marikina
River. At certain times of the year, the river would swell and as the water recedes, soil, rocks
and other materials are deposited on Jessica's and Jenny's properties. This pattern of the
river swelling, receding and depositing soil and other materials being deposited on the
neighbors' properties have gone on for many years. Knowing his pattern, Jessica constructed
a concrete barrier about 2 meters from her property line and extending towards the river, so
that when the water recedes, soil and other materials are trapped within this barrier. After
several years, the area between Jessica's property line to the concrete barrier was
completely filled with soil, effectively increasing Jessica's property by 2 meters. Jenny's
property, where no barrier was constructed, also increased by one meter along the side of
the river.

1. Can Jessica and Jenny legally claim ownership over the additional 2 meters and one
meter, respectively, of land deposited along their properties?(2%)

2. If Jessica's and Jenny's properties are registered, will the benefit of such registration
extend to the increased area of their properties? (2%)

3. Assume the two properties are on a cliff adjoining the shore of Laguna Lake. Jessica
and Jenny had a hotel built on the properties. They had the erath and rocks
excavated from the properties dumped on the adjoining shore, giving rise to a new
patch of dry land. Can they validly lay claim to the patch of land? (2%)

Arthur executed a will which contained only: (i) a provision disinheriting his daughter Bernica
for running off with a married man, and (ii) a provision disposing of his share in the family
house and lot in favor of his other children Connie and Dora. He did not make any provisions
in favor of his wife Erica, because as the will stated, she would anyway get ½ of the house
and lot as her conjugal share. The will was very brief and straightforward and both the above
provisions were contained in page 1, which Arthur and his instrumental witness, signed at the
bottom. Page 2 contained the attestation clause and the signatures, at the bottom thereof, of
the 3 instrumental witnesses which included Lambert, the driver of Arthur; Yoly, the family
cook, and Attorney Zorba, the lawyer who prepared the will. There was a 3rd page, but this
only contained the notarial acknowledgement. The attestation clause stated the will was
signed on the same occasion by Arthur and his instrumental witnesses who all signed in the
presence of each other, and the notary public who notarized the will. There are no marginal
signatures or pagination appearing on any of the 3 pages. Upon his death, it was discovered
that apart from the house and lot, he had a P 1 million account deposited with ABC bank.

1. Was Erica preterited? (1%)

2. What other defects of the will, if any, can cause denial of probate? (2%)

3. Was the disinheritance valid? (1%)

4. How should the house and lot, and the cash be distributed? (1%)

XI

John and Paula, British citizens at birth, acquired Philippine citizenship by naturalization after
their marriage. During their marriage the couple acquired substanial landholdings in London
and in Makati. Paula bore John three children, Peter, Paul and Mary. In one of their trips to
London, the couple executed a joint will appointing each other as their heirs and providing
that upon the death of the survivor between them the entire estate would go to Peter and
Paul only but the two could not dispose of nor divide the London estate as long as they live.
John and Paul died tragically in the London Subway terrorist attack in 2005. Peter and Paul
filed a petition for probate of their parent's will before a Makati Regional Trial Court.

1. Should the will be admitted to probate? (2%)

2. Are the testamentary dispositions valid? (2%)

3. Is the testamentary prohibition against the division of the London estate valid? (2%)

XII
Ernesto, an overseas Filipino worker, was coming home to the Philippines after working for
so many years in the Middle East. He had saved P100.000 in his saving account in Manila
which intended to use to start a business in his home country. On his flight home, Ernesto
had a fatal heart attack. He left behind his widowed mother, his common-law wife and their
twins sons. He left no will, no debts, no other relatives and no other properties except the
money in his saving account. Who are the heirs entitled to inherint from him and how much
should each receive?(3%)

XIII

Raymond, single, named his sister Ruffa in his will as a devisee of a parcel of land which he
owned. The will imposed upon Ruffa the obligation of preseving the land and transferring it,
upon her death, to her illegitimate daughter Scarlet who was then only one year old.
Raymond later died, leaving behind his widowed mother, Ruffa and Scarlet.

1. Is the condition imposed upon Ruffa, to preserve the property and to transmit it upon
her death to Scarlet, valid? (1%)

2. If Scarlet predeceases Ruffa, who inherits the property? (2%)

3. If Ruffa predeceases Raymond, can Scarlet inherit the property directly from
Raymond? (2%)

XIV

Stevie was born blind. He went to school for the blind, and learned to read in Baille
Language. He Speaks English fluently. Can he:

1. Make a will? (1%)

2. Act as a witness to a will? (1%)

3. In either of the above instances, must the will be read to him? (1%)

XV

Eduardo was granted a loan by XYZ Bank for the purpose of improving a building which XYZ
leased from him. Eduardo, executed the promissory note ("PN") in favor of the bank, with his
friend Recardo as co-signatory. In the PN, they both acknowledged that they are "individually
and collectively" liable and waived the need for prior demand. To secure the PN, Recardo
executed a real estate mortgageon his own property. When Eduardo defaulted on the PN,
XYZ stopped payment of rentals on the building on the ground that legal compensation had
set in. Since there was still a balance due on the PN after applying the rentals, XYZ
foreclosed the real estate mortgage over Recardo's property. Recardo opposed the
foreclosure on the ground that he is only a co-signatory; that no demand was made upon him
for payment, and assuming he is liable, his liability should not go beyond half the balance of
the loan. Further, Recardo said that when the bank invoked compensation between the
reantals and the amount of the loan, it amounted to a new contract or novation, and had the
effect of extinguishing the security since he did not give his consent (as owner of the property
under the real estate mortgage) therto.

1. Can XYZ Bank balidly assert legal compensation? (2%)

2. Can Recardo's property be foreclosed to pay the full balance of the loan? (2%)

3. Does Recardo have basis under the Civil Code for claiming that the original contract
was novated? (2%)

XVI

Dux leased his house to Iris for a period of 2 years, at the rate of P25,000.00 monthly,
payable annually in advance. The contract stipulated that it may be renewed for another 2-
year period upon mutual agreement of the parties. The contract also granted Iris the right of
first refusal to purchase the property at any time during the lease, if Dux decides to sell the
property at the same price that the property is offered for sale to a third party. Twenty-three
months after execution of the lease contract, Dux sold breach of her right of first refusal. Dux
said there was no breach because the property was sold to his mother who is not a third
party. Iris filed an action to rescind the sale and to compel Dux to sell the property to her at
the same price. Alternatively, she asked the court to extend the lease for another 2 years on
the same terms.

1. Can Iris seek rescission of the sale of the property to Dux's mother? (3%)

2. Will the alternative prayer for extension of the lease prosper? (2%)

XVII
Felipe borrowed $100 from Gustavo in 1998, when the Phil P - US$ exchange rate was P56 -
US$1. On March 1, 2008, Felipe tendered to Gustavo a cashier's check in the amount of
P4,135 in payment of his US$ 100 debt, based on the Phil P - US$ exchange rat at that time.
Gustavo accepted the check, but forgot to deposit it until Sept. 12, 2008. His bank refused to
accepted the check because it had become stale. Gustavo now wants Felipe to pay him in
cash the amount of P5,600. Claiming that the previous payment was not in legal tender, and
that there has been extraordinary deflation since 1998, and therefore, Felipe should pay him
the value of the debt at the time it was incurred. Felipe refused to pay him again, claiming
that Gustavo is estopped from raising the issue of legal tender, having accepted the check in
March, and that it was Gustavo's negligence in not depositing the check immediately that
caused the check to become stale.

1. Can Gustavo now raised the issue that the cashier's check is not legal tender? (2%)

2. Can Felipe validly refuse to pay Gustavo again? (2%)

3. Can Felipe compel Gustavo to receive US$100 instead? (1%)

XVIII

AB Corp. entered into a contract with XY Corp. whereby the former agreed to construct the
research and laboratory facilities of the latter. Under the terms of the contract, AB Corp.
agreed to complete the facility in 18 months, at the total contract price of P10 million. XY
Corp. paid 50% of the total contract price, the balance to be paid upon completion of the
work. The work stated immediately, but AB Corp. later experienced work slippage because of
labor unrest in his company. AB Corp.'s employees claimed that they are not being paid on
time; hence, the work slowdown. As of the 17th month, work was only 45% completed. AB
Corp. asked for extension of time, claiming that its labor problems is a case of fortuitous
event, but this was denied by XY Corp. When it became certain that the contruction could not
be finished on time, XY Corp. sent written notice cancelling the contract, and requiring AB
Corp. to immediately vacate the premises.

1. Can the labor unrest be considered a fortuitous event? (1%)

2. Can XY Corp. unilaterrally and immediately cancel the contract? (2%)

3. Must AB Corp. return the 50% downpayment? (2%)


XIX

Juliet offered to sell her house and lot, together with all the furniture and appliances therein
to Dehlma. Before agreeing to purchase the property, Dehlma went to the Register of Deeds
to verify Juliet's title. She discovered that while the property was registered in Juliet's name
under the Land Registration Act, as amended by the Property Registration Decree, it
property, Dehlma told Juliet to redeem the property from Elaine, and gave her an advance
payment to be used for purposes of realesing the mortgage on the property. When the
mortgage was released, Juliet executed a Deed of Absolute Sale over the property which
was duly registered with the Registry of Deeds, and a new TCT was issued in Dehlma's
name. Dehlma immediately took possession over the house and lot and the movables
therein. Thereafter, Dehlma went to theAssessor's Office to get a new tax declaration under
her name. She was surprised to find out that the property was already declared for tax
purposes in the name of XYZ Bank which had foreclosed the mortgage on the property
before it was sold to her. XYZ Bank was also the purchaser in the foreclosure sale of the
property. At that time, the property was still unregistered but XYZ Bank registered the
Sheriff's Deed of Conveyance in the day book of the Register of Deeds under Act. 3344 and
obtained a tax declaration in its name.

1. Was Dehlma a purchaser in good faith? (2%)

2. Who as between Dehlma and XYZ Bank has a better right to the house and lot? (2%)

3. Who owns the movables inside the house? (2%)

4. NOTHING FOLLOWS.
BAR EXAMINATION 2009

CIVIL LAW

13 8 A.M. - 12 NN.
September
2009

INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with ten (10) questions
(numbered I to X), contained in five (5) pages; and Part II with ten (10)
questions (numbered XI-XX), contained in five (5) pages, for a total number of
ten (10) pages.

Write your answers to Part I and Part II in the corresponding portions


indicated in the booklet.

Begin your answer to each numbered question on a separate page; an


answer to a subquestion under the same number may be written continuously
on the same page and succeeding pages until completed.

Answer the questions directly and concisely. Do not repeat the questions.
Write legibly.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!
_____________________________________

ANTONIO EDUARDO B. NACHURA

Chairperson

2009 Bar Examinations Committee

PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES


(INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE


CIVIL LAW

PART I

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences. (5%)

1. The doctrine of "processual presumption" allows the court of the forum to presume
that the foreign law applicable to the case is the same as the local or domestic law.

2. In reserva troncal, all reservatarios (reservees) inherit as a class and in equal shares
regardless of their proximity in degree to the prepositus.

3. An oral partnership is valid.

4. An oral promise of guaranty is valid and binding.

5. A dead child can be legitimated.

II

Dr. Lopez, a 70-year old widower, and his son Roberto both died in a fire that gutted their
home while they were sleeping in their air-conditioned rooms. Roberto’s wife, Marilyn, and
their two children were spared because they were in the province at the time. Dr. Lopez left
an estate worth P20M and a life insurance policy in the amount of P1M with his three
children --- one of whom is Roberto --- as beneficiaries.

Marilyn is now claiming for herself and her children her husband’s share in the estate left by
Dr. Lopez, and her husband’s share in the proceeds of Dr. Lopez’s life insurance policy. Rule
on the validity of Marilyn’s claims with reasons. (4%)

III

In December 2000, Michael and Anna, after obtaining a valid marriage license, went to the
Office of the Mayor of Urbano, Bulacan, to get married. The Mayor was not there, but the
Mayor’s secretary asked Michael and Anna and their witnesses to fill up and sign the
required marriage contract forms. The secretary then told them to wait, and went out to look
for the Mayor who was attending a wedding in a neighboring municipality.

When the secretary caught up with the Mayor at the wedding reception, she showed him the
marriage contract forms and told him that the couple and their witnesses were waiting in his
office. The Mayor forthwith signed all the copies of the marriage contract, gave them to the
secretary who returned to the Mayor’s office. She then gave copies of the marriage contract
to the parties, and told Michael and Anna that they were already married. Thereafter, the
couple lived together as husband and wife, and had three sons.

1. Is the marriage of Michael and Anna valid, voidable, or void? Explain your answer.
(3%)

2. What is the status of the three children of Michael and Anna? Explain your answer.
(2%)

3. What property regime governs the properties acquired by the couple? Explain. (2%)

IV

Harry married Wilma, a very wealthy woman. Barely five (5) years into the marriage, Wilma
fell in love with Joseph. Thus, Wilma went to a small country in Europe, became a
naturalized citizen of that country, divorced Harry, and married Joseph. A year thereafter,
Wilma and Joseph returned and established permanent residence in the Philippines.

1. Is the divorce obtained by Wilma from Harry recognized in the Philippines? Explain
your answer. (3%)

2. If Harry hires you as his lawyer, what legal recourse would you advise him to take?
Why? (2%)

3. Harry tells you that he has fallen in love with another woman, Elizabeth, and wants to
marry her because, after all, Wilma is already married to Joseph. Can Harry legally
marry Elizabeth? Explain. (2%)

V
Four children, namely: Alberto, Baldomero, Caridad, and Dioscoro, were born to the spouses
Conrado and Clarita de la Costa. The children’s birth certificates were duly signed by
Conrado, showing them to be the couple’s legitimate children.

Later, one Edilberto de la Cruz executed a notarial document acknowledging Alberto and
Baldomero as his illegitimate children >with Clarita. Edilberto died leaving substantial
properties. In the settlement of his estate, Alberto and Baldomero intervened claiming shares
as the deceased’s illegitimate children. The legitimate family of Edilberto opposed the claim.

Are Alberto and Baldomero entitled to share in the estate of Edilberto? Explain. (4%)

VI

On December 1, 2000, Dr. Juanito Fuentes executed a holographic will, wherein he gave
nothing to his recognized illegitimate son, Jay. Dr. Fuentes left for the United States, passed
the New York medical licensure examinations, resided therein, and became a naturalized
American citizen. He died in New York in 2007. The laws of New York do not recognize
holographic wills or compulsory heirs.

1. Can the holographic will of Dr. Fuentes be admitted to probate in the Philippines?
Why or why not? (3%)

2. Assuming that the will is probated in the Philippines, can Jay validly insist that he be
given his legitime? Why or why not? (3%)

VII

Ramon Mayaman died intestate, leaving a net estate of P10,000,000.00. Determine how
much each heir will receive from the estate:

1. If Ramon is survived by his wife, three full-blood brothers, two half-brothers, and one
nephew (the son of a deceased full-blood brother)? Explain. (3%)

2. If Ramon is survived by his wife, a half-sister, and three nephews (sons of a


deceased full-blood brother)? Explain. (3%)

VIII

Jude owned a building which he had leased to several tenants. Without informing his
tenants, Jude sold the building to Ildefonso. Thereafter, the latter notified all the tenants that
he is the new owner of the building. Ildefonso ordered the tenants to vacate the premises
within thirty (30) days from notice because he had other plans for the building. The tenants
refused to vacate, insisting that they will only do so when the term of their lease shall have
expired. Is Ildefonso bound to respect the lease contracts between Jude and his tenants?
Explain your answer. (3%)

IX

Before migrating to Canada in 1992, the spouses Teodoro and Anita entrusted all their legal
papers and documents to their nephew, Atty. Tan. Taking advantage of the situation, Atty.
Tan forged a deed of sale, making it appear that he had bought the couple’s property in
Quezon City. In 2000, he succeeded in obtaining a TCT over the property in his name.
Subsequently, Atty. Tan sold the same property to Luis, who built an auto repair shop on the
property. In 2004, Luis registered the deed of conveyance, and title over the property was
transferred in his name.

In 2006, the spouses Teodoro and Anita came to the Philippines for a visit and discovered
what had happened to their property. They immediately hire you as lawyer. What action or
actions will you institute in order to vindicate their rights? Explain fully. (4%)

Rommel’s private car, while being driven by the regular family driver, Amado, hits a
pedestrian causing the latter’s death. Rommel is not in the car when the incident happened.

1. Is Rommel liable for damages to the heirs of the deceased? Explain. (2%)

2. Would your answer be the same if Rommel was in the car at the time of the accident?
Explain. (2%)

PART II

XI

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences. (5%)
1. A clause in an arbitration contract granting one of the parties the power to choose
more arbitrators than the other renders the arbitration contract void.

2. If there is no marriage settlement, the salary of a "spouse" in an adulterous marriage


belongs to the conjugal partnership of gains.

3. Acquisitive prescription of a negative easement runs from the time the owner of the
dominant estate forbids, in a notarized document, the owner of the servient estate
from executing an act which would be lawful without the easement.

4. The renunciation by a co-owner of his undivided share in the co-owned property in


lieu of the performance of his obligation to contribute to taxes and expenses for the
preservation of the property constitutes dacion en pago.

5. A person can dispose of his corpse through an act intervivos.

XII

Emmanuel and Margarita, American citizens and employees of the U.S. State Department,
got married in the African state of Kenya where sterility is a ground for annulment of
marriage. Thereafter, the spouses were assigned to the U.S. Embassy in Manila. On the first
year of the spouses’ tour of duty in the Philippines, Margarita filed an annulment case against
Emmanuel before a Philippine court on the ground of her husband’s sterility at the time of the
celebration of the marriage.

1. Will the suit prosper? Explain your answer. (3%)

2. Assume Emmanuel and Margarita are both Filipinos. After their wedding in Kenya,
they come back and take up residence in the Philippines. Can their marriage be
annulled on the ground of Emmanuel’s sterility? Explain. (3%)

XIII

Rafael, a wealthy bachelor, filed a petition for the adoption of Dolly, a one-year old foundling
who had a severe heart ailment. During the pendency of the adoption proceedings, Rafael
died of natural causes. The Office of the Solicitor General files a motion to dismiss the
petition on the ground that the case can no longer proceed because of the petitioner’s death.

1. Should the case be dismissed? Explain. (2%)


2. Will your answer be the same if it was Dolly who died during the pendency of the
adoption proceedings? Explain. (2%)

XIV

Rodolfo, married to Sharon, had an illicit affair with his secretary, Nanette, a 19-year old girl,
and begot a baby girl, Rona. Nanette sued Rodolfo for damages: actual, for hospital and
other medical expenses in delivering the child by caesarean section; moral, claiming that
Rodolfo promised to marry her, representing that he was single when, in fact, he was not;
and exemplary, to teach a lesson to like-minded Lotharios.

1. If you were the judge, would you award all the claims of Nanette? Explain. (3%)

2. Suppose Rodolfo later on acknowledges Rona and gives her regular support, can he
compel her to use his surname? Why or why not? (2%)

3. When Rona reaches seven (7) years old, she tells Rodolfo that she prefers to live
with him, because he is better off financially than Nanette. If Rodolfo files an action
for the custody of Rona, alleging that he is Rona’s choice as custodial parent, will the
court grant Rodolfo’s petition? Why or why not? (2%)

XV

Sarah had a deposit in a savings account with Filipino Universal Bank in the amount of five
million pesos (P5,000,000.00). To buy a new car, she obtained a loan from the same bank in
the amount of P1,200,000.00, payable in twelve monthly installments. Sarah issued in favor
of the bank post-dated checks, each in the amount of P100,000.00, to cover the twelve
monthly installment payments. On the third, fourth and fifth months, the corresponding
checks bounced.

The bank then declared the whole obligation due, and proceeded to deduct the amount of
one million pesos (P1,000,000.00) from Sarah’s deposit after notice to her that this is a form
of compensation allowed by law. Is the bank correct? Explain. (4%)

XVI

Marciano is the owner of a parcel of land through which a river runs out into the sea. The
land had been brought under the Torrens System, and is cultivated by Ulpiano and his family
as farmworkers therein. Over the years, the river has brought silt and sediment from its
sources up in the mountains and forests so that gradually the land owned by Marciano
increased in area by three hectares. Ulpiano built three huts on this additional area, where he
and his two married children live. On this same area, Ulpiano and his family planted peanuts,
monggo beans and vegetables. Ulpiano also regularly paid taxes on the land, as shown by
tax declarations, for over thirty years.

When Marciano learned of the increase in the size of the land, he ordered Ulpiano to
demolish the huts, and demanded that he be paid his share in the proceeds of the harvest.
Marciano claims that under the Civil Code, the alluvium belongs to him as a registered
riparian owner to whose land the accretion attaches, and that his right is enforceable against
the whole world.

1. Is Marciano correct? Explain. (3%)

2. What rights, if any, does Ulpiano have against Marciano? Explain. (3%)

XVII

Rosario obtained a loan of P100,000.00 from Jennifer, and pledged her diamond ring. The
contract signed by the parties stipulated that if Rosario is unable to redeem the ring on due
date, she will execute a document in favor of Jennifer providing that the ring shall
automatically be considered full payment of the loan.

1. Is the contract valid? Explain. (3%)

2. Will your answer to [a] be the same if the contract stipulates that upon failure of
Rosario to redeem the ring on due date, Jennifer may immediately sell the ring and
appropriate the entire proceeds thereof for herself as full payment of the loan?
Reasons. (3%)

XVIII

The Ifugao Arms is a condominium project in Baguio City. A strong earthquake occurred
which left huge cracks in the outer walls of the building. As a result, a number of
condominium units were rendered unfit for use. May Edwin, owner of one of the
condominium units affected, legally sue for partition by sale of the whole project? Explain.
(4%)
XIX

In 1972, Luciano de la Cruz sold to Chua Chung Chun, a Chinese citizen, a parcel of land in
Binondo. Chua died in 1990, leaving behind his wife and three children, one of whom, Julian,
is a naturalized Filipino citizen. Six years after Chua’s death, the heirs executed an
extrajudicial settlement of estate, and the parcel of land was allocated to Julian. In 2007,
Luciano filed suit to recover the land he sold to Chua, alleging that the sale was void
because it contravened the Constitution which prohibits the sale of private lands to aliens.
Julian moved to dismiss the suit on grounds of pari delicto, laches and acquisitive
prescription. Decide the case with reasons. (4%)

XX

1. If Ligaya, a Filipino citizen residing in the United States, files a petition for change of
name before the District Court of New York, what law shall apply? Explain. (2%)

2. If Henry, an American citizen residing in the Philippines, files a petition for change of
name before a Philippine court, what law shall apply? Explain. (2%)

-NOTHING FOLLOWS-
BAR EXAMINATION 2010

CIVIL LAW

12 September 2010 8 A.M. – 12 NN.


INSTRUCTIONS

There is only one Examiner in Civil Law. Hence, the following questionnaire consists of only
ONE PART with sixteen (16) questions (numbered I to XVI), contained in eleven (11) pages.

Begin your answer to each numbered question on a separate page; an answer to a sub-
question/s under the same number may be written continuously on the same page and
succeeding pages until completed.

Answer the questions directly and concisely. Do not repeat the question. Write legibly.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!

_____________________________________

CONCHITA CARPIO MORALES

CHAIRPERSON

2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS
PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CIVIL LAW

True or False.

1. Under Article 26 of the Family Code, when a foreign spouse divorces his/her Filipino
spouse, the latter may re-marry by proving only that the foreign spouse has obtained
a divorce against her or him abroad. (1%)
2. X, a widower, died leaving a will stating that the house and lot where he lived cannot
be partitioned for as long as the youngest of his four children desires to stay there. As
coheirs and co-owners, the other three may demand partition anytime. (1%)

II

Multiple choice.

1. A had a 4-storey building which was constructed by Engineer B. After five years, the
building developed cracks and its stairway eventually gave way and collapsed,
resulting to injuries to some lessees. Who should the lessees sue for damages? (1%)

2.

3. 1. A, the owner

4. 2. B, the engineer

5. 3. both A & B

6. O, owner of Lot A, learning that Japanese soldiers may have buried gold and other
treasures at the adjoining vacant Lot B belonging to spouses X & Y, excavated in Lot
B where she succeeded in unearthing gold and precious stones. How will the
treasures found by O be divided? (1%)

7.

8. 1. 100% to O as finder

9. 2. 50% to O and 50% to the spouses X and Y

10. 3. 50% to O and 50% to the state

11. 4. None of the above

12. A executed a Deed of Donation in favor of B, a bachelor, covering a parcel of land


valued at P1 million. B was, however, out of the country at the time. For the donation
to be valid, (1%)

13.

14. 1. B may e-mail A accepting the donation.


15. 2. The donation may be accepted by B’s father with whom he lives.

16. 3. B can accept the donation anytime convenient to him.

17. 4. B’s mother who has a general power of attorney may accept the donation for him.

18. 5. None of the above is sufficient to make B’s acceptance valid

19. A executed a 5-page notarial will before a notary public and three witnesses. All of
them signed each and every page of the will.

20. One of the witnesses was B, the father of one of the legatees to the will. What is the
effect of B being a witness to the will? (1%)

21.

22. 1. The will is invalidated

23. 2. The will is valid and effective

24. 3. The legacy given to B’s child is not valid

III

Define, Enumerate or Explain. (2% each)

1. What is the difference between "guaranty" and "suretyship"?

2. Define quasi tort. Who are the persons liable under quasi torts and what are the
defenses available to them?

3. Give at least two reasons why a court may assume jurisdiction over a conflict of laws
case.

IV

Spouses B and G begot two offsprings. Albeit they had serious personality differences, the
spouses continued to live under one roof. B begot a son by another woman. G also begot a
daughter by another man.

1. If G gives the surname of B to her daughter by another man, what can B do to protect
their legitimate children's interests? Explain. (5%)
2. If B acquiesces to the use of his surname by G’s daughter by another man, what
is/are the consequence/s? Explain. (5%)

G filed on July 8, 2000 a petition for declaration of nullity of her marriage to B. During the
pendency of the case, the couple entered into a compromise agreement to dissolve their
absolute community of property. B ceded his right to their house and lot and all his shares in
two business firms to G and their two children, aged 18 and 19.

B also opened a bank account in the amount of P3 million in the name of the two children to
answer for their educational expenses until they finish their college degrees.

For her part, G undertook to shoulder the day-to-day living expenses and upkeep of the
children. The Court approved the spouses’ agreement on September 8, 2000.

1. Suppose the business firms suffered reverses, rendering G unable to support herself
and the children. Can G still ask for support pendente lite from B? Explain. (3%)

2. Suppose in late 2004 the two children had squandered the P3 million fund for their
education before they could obtain their college degrees, can they ask for more
support from B? Explain. (3%)

VI

Gigolo entered into an agreement with Majorette for her to carry in her womb his baby via in
vitro fertilization. Gigolo undertook to underwrite Majorette’s pre-natal expenses as well as
those attendant to her delivery. Gigolo would thereafter pay Majorette P2 million and, in
return, she would give custody of the baby to him.

After Majorette gives birth and delivers the baby to Gigolo following her receipt of P2 million,
she engages your services as her lawyer to regain custody of the baby.

1. What legal action can you file on behalf of Majorette? Explain. (2.5%)

2. Can Gigolo demand from Majorette the return of the P2 million if he returns the baby?
Explain. (2.5%)

3. Who of the two can exercise parental authority over the child? Explain. (2.5%)
4. Is the child entitled to support and inheritance from Gigolo? Explain. (2.5%)

VII

G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no
offspring, was declared void ab initio under Article 36 of the Family Code. At the time of the
dissolution of the marriage, the couple possessed the following properties:

 a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase
price (representing downpayment) of which he paid; one third (1/3) was paid by G on
February 14, 1990 out of a cash gift given to her by her parents on her graduation on
April 6, 1989; and the balance was paid out of the spouses’ joint income; and

 an apartment unit donated to B by an uncle on June 19, 1987.

1. Who owns the foregoing properties? Explain. (5%)

2. If G and B had married on July 3, 1987 and their marriage was dissolved in 2007,
who owns the properties? Explain. (5%)

VIII

Spouses Rex and Lea bore two children now aged 14 and 8. During the subsistence of their
marriage, Rex begot a child by another woman. He is now 10 years of age.

On Lea’s discovery of Rex’s fathering a child by another woman, she filed a petition for legal
separation which was granted.

Rex now wants to adopt his illegitimate child.

1. Whose consent is needed for Rex’s adoption of his illegitimate child? (2.5%)

2. If there was no legal separation, can Rex still adopt his illegitimate child? Explain.
(2.5%)

IX

Eighteen-year old Filipina Patrice had a daughter out of wedlock whom she named Laurie. At
26, Patrice married American citizen John who brought her to live with him in the United
States of America. John at once signified his willingness to adopt Laurie.
Can John file the petition for adoption? If yes, what are the requirements? If no, why? (5%)

In 1997, B and G started living together without the benefit of marriage. The relationship
produced one offspring, Venus. The couple acquired a residential lot in Parañaque. After four
(4) years or in 2001, G having completed her 4-year college degree as a fulltime student, she
and B contracted marriage without a license.

The marriage of B and G was, two years later, declared null and void due to the absence of a
marriage license.

1. If you were the judge who declared the nullity of the marriage, to whom would you
award the lot? Explain briefly. (3%)

2. Is Venus legitimate, illegitimate, or legitimated? Explain briefly. (3%)

XI

The spouses Peter and Paula had three (3) children. Paula later obtained a judgment of
nullity of marriage. Their absolute community of property having been dissolved, they
delivered P1 million to each of their 3 children as their presumptive legitimes.

Peter later re-married and had two (2) children by his second wife Marie. Peter and Marie,
having successfully engaged in business, acquired real properties. Peter later died intestate.

1. Who are Peter’s legal heirs and how will his estate be divided among them? (5%)

2. What is the effect of the receipt by Peter’s 3 children by his first marriage of their
presumptive legitimes on their right to inherit following Peter’s death? (5%)

XII

On May 5, 1989, 16-year old Rozanno, who was issued a student permit, drove to school a
car, a gift from his parents. On even date, as his class was scheduled to go on a field trip, his
teacher requested him to accommodate in his car, as he did, four (4) of his classmates
because the van rented by the school was too crowded. On the way to a museum which the
students were scheduled to visit, Rozanno made a wrong maneuver, causing a collision with
a jeepney. One of his classmates died. He and the three (3) others were badly injured.
1. Who is liable for the death of Rozanno’s classmate and the injuries suffered by
Rozanno and his 3 other classmates? Explain. (2%)

2. How about the damage to the jeepney? Explain. (2%)

3. Under the same facts, except the date of occurrence of the incident, this time in mid-
1994, what would be your answer? Explain. (2%)

XIII

Franz was the owner of Lot E which was surrounded by four (4) lots one of which – Lot C –
he also owned. He promised Ava that if she bought Lot E, he would give her a right of way in
Lot C.

Convinced, Ava bought Lot E and, as promised, Franz gave her a right of way in Lot C.

Ava cultivated Lot E and used the right of way granted by Franz.

Ava later found gainful employment abroad. On her return after more than 10 years, the right
of way was no longer available to her because Franz had in the meantime sold Lot C to Julia
who had it fenced.

1. Does Ava have a right to demand from Julia the activation of her right of way?
Explain. (2.5%)

2. Assuming Ava opts to demand a right of way from any of the owners of Lots A, B, and
D, can she do that? Explain. (2.5%)

XIV

Primo owns a pet iguana which he keeps in a man-made pond enclosed by a fence situated
in his residential lot. A typhoon knocked down the fence of the pond and the iguana crawled
out of the gate of Primo’s residence. N, a neighbor who was passing by, started throwing
stones at the iguana, drawing the iguana to move toward him. N panicked and ran but
tripped on something and suffered a broken leg.

Is anyone liable for N’s injuries? Explain. (4%)

XV
A, B, and C entered into a partnership to operate a restaurant business. When the restaurant
had gone past break-even stage and started to garner considerable profits, C died. A and B
continued the business without dissolving the partnership. They in fact opened a branch of
the restaurant, incurring obligations in the process. Creditors started demanding for the
payment of their obligations.

1. Who are liable for the settlement of the partnership’s obligations? Explain? (3%)

2. What are the creditors’ recourse/s? Explain. (3%)

XVI

X was the owner of an unregistered parcel of land in Cabanatuan City. As she was abroad,
she advised her sister Y via overseas call to sell the land and sign a contract of sale on her
behalf.

Y thus sold the land to B1 on March 31, 2001 and executed a deed of absolute sale on
behalf of X. B1 fully paid the purchase price.

B2, unaware of the sale of the land to B1, signified to Y his interest to buy it but asked Y for
her authority from X. Without informing X that she had sold the land to B1, Y sought X for a
written authority to sell.

X e-mailed Y an authority to sell the land. Y thereafter sold the land on May 1, 2001 to B2 on
monthly installment basis for two years, the first installment to be paid at the end of May
2001.

Who between B1 and B2 has a better right over the land? Explain. (5%)

NOTHING FOLLOWS.
2014 BAR EXAMINATIONS

CIVIL LAW

October 12, 2014 8:00 A.M.- 12:00 N.N.


INSTRUCTIONS

1. This Questionnaire contains FOURTEEN (14) pages including these Instructions pages.
Check the number of pages and the page numbers at the upper right hand corner of each
page of this Questionnaire and make sure it has the correct number of pages and their
proper numbers.

There are THIRTY (30) Essay and Multiple Choice Questions (MCQs) to be answered within
four (4) hours.

The essay portion contains questions that are equivalent to not less than 80% of the whole
examination, while the MCQ portion contains questions equivalent to not more than 20%.

2. Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only on the front,
not the back, page of every sheet in your Notebook. Note well the allocated percentage
points for each number, question, or subquestion. In your answers, use the numbering
system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use
the back page of every sheet of your Examination Notebook, starting at the back page of the
first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question,
to select the material from the immaterial facts, and to discern the points upon which the
question turns. It should show your knowledge and understanding of the pertinent principles
and theories of law involved and their qualifications and limitations. It should demonstrate
your ability to apply the law to the given facts, and to reason logically in a lawyerlike manner
to a sound conclusion from the given premises.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the question
does not expressly ask for an explanation. At the same time, remember that a complete
explanation does not require that you volunteer information or discuss legal doctrines that
are not necessary or pertinent to the solution to the problem. You do not need to re-write or
repeat the question in your Notebook.

4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, or D


corresponding to your chosen answer. There is only one correct answer to every MCQ;
choose the BEST answer from among the offered choices. Note that some MCQs may need
careful analysis both of the questions and the choices offered.

5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s
on your Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is
considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

YOU CAN BRING HOME THIS QUESTIONNAIRE OR HAND IT TOGETHER WITH YOUR
NOTEBOOK

J. DIOSDADO M. PERALTA

Chairman

2014 Bar Examinations

I.

Ariz and Paz were officemates at Perlas ng Silangan Bank (PSB). They fell in love with each
other and had a civil and church wedding. Meanwhile, Paz rapidly climbed the corporate
ladder of PSB and eventually became its Vice President, while Ariz remained one of its bank
supervisors, although he was short of 12 units to finish his Masters of Business
Administration (MBA) degree.

Ariz became envious of the success of his wife. He started to drink alcohol until he became a
drunkard. He preferred to join his "barkadas"; became a wifebeater; would hurt his children
without any reason; and failed to contribute to the needs of the family. Despite rehabilitation
and consultation with a psychiatrist, his ways did not change.
After 19 years of marriage, Paz, a devout Catholic, decided to have their marriage annulled
by the church. Through the testimony of Paz and a psychiatrist, it was found that Ariz was a
spoiled brat in his youth and was sometimes involved in brawls. In his teens, he was once
referred to a psychiatrist for t reatment due to his violent tendencies. In due time, the
National Appellate Matrimonial Tribunal (NAMT) annulled the union of Ariz and Paz due to
the failure of Ariz to perform and fulfill his duties as a husband and as a father to their
children. The NAMT concluded that it is for the best interest of Paz, Ariz and their children to
have the marriage annulled.

In view of the NAMT decision, Paz decided to file a Petition for Declaration of Nullity of
Marriage of their civil wedding before the Regional Trial Court (RTC) of Makati City using the
NAMT decision and the same evidence adduced in the church annulment proceedings as
basis.

If you are the judge, will you grant the petition? Explain. (5%)

II.

Crispin died testate and was survived by Alex and Josine, his children from his first wife;
Rene and Ruby, his children from his second wife; and Allan, Bea, and Cheska, his children
from his third wife.

One important provision in his will reads as follows:

"Ang lupa at bahay sa Lungsod ng Maynila ay ililipat at ilalagay sa pangalan nila Alex at
Rene hindi bilang pamana ko sa kanila kundi upang pamahalaan at pangalagaan lamang
nila at nang ang sinuman sa aking mga anak, sampu ng aking mga apo at kaapuapuhan ko
sa habang panahon, ay may tutuluyan kung magnanais na mag-aral sa Maynila o sa kalapit
na mga lungsod."

Is the provision valid? (4%)

III.

The Roman Catholic Church accepted a donation of a real property located in Lipa City. A
deed of donation was executed, signed by the donor, Don Mariano, and the donee, the
Church, as represented by Fr. Damian. Before the deed could be notarized, Don Mariano
died. Is the donation valid? (4%)
IV.

Nante, a registered owner of a parcel of land in Quezon City, sold the property to Monica
under a deed of sale which reads as follows:

"That for and in consideration of the sum of P500,000.00, value to be paid and delivered to
me, and receipt of which shall be acknowledged by me to the full satisfaction of Monica,
referred to as Vendee, I hereby sell, transfer, cede, convey, and assign, as by these
presents, I do have sold, transferred, ceded, conveyed and assigned a parcel of land
covered by TCT No. 2468 in favor of the Vendee."

After delivery of the initial payment of P100,000.00, Monica immediately took possession of
the property. Five (5) months after, Monica failed to pay the remaining balance of the
purchase price. Nante filed an action for the recovery of possession of the property. Nante
alleged that the agreement was one to sell,which was not consummated as the full contract
price was not paid. Is the contention of Nante tenable? Why? (4%)

V.

What is the effect of preterition ? (1%)

(A) It annuls the devise and legacy

(B) It annuls the institution of heir

(C) It reduces the devise and legacy

(D) It partially annuls the institution of heir

VI.

Miko and Dinah started to live together as husband and wife without the benefit of marriage
in 1984. Ten (10) years after, they separated. In 1996, they decided to live together again,
and in 1998, they got married.

On February 17, 2001, Dinah filed a complaint for declaration of nullity of her marriage with
Miko on the ground of psychological incapacity under Article 36 of the Family Code. The
court rendered the following decision:

"1. Declaring the marriage null and void;


2. Dissolving the regime of absolute community of property; and

3. Declaring that a decree of absolute nullity of marriage shall only be issued after liquidation,
partition and distribution of the parties’ properties under Article 147 of the Family Code."

Dinah filed a motion for partial reconsideration questioning the portion of the decision on the
issuance of a decree of nullity of marriage only after the liquidation, partition and distribution
of properties under Article 147 of the Code.

If you are the judge, how will you decide petitioner’s motion for partial reconsideration? Why?
(4%)

VII.

Due to the continuous heavy rainfall, the major streets in Manila became flooded. This
compelled Cris to check-in at Square One Hotel. As soon as Crisgot off from his Toyota Altis,
the Hotel’s parking attendant got the key of his car and gave him a valet parking customer’s
claim stub. The attendant parked his car at the basement of the hotel. Early in the morning,
Cris was informed by the hotel manager that his car was carnapped. (4%)

(A) What contract, if any, was perfected between Cris and the Hotel when Cris surrendered
the key of his car to the Hotel’s parking attendant?

(B) What is the liability, if any, of the Hotel for the loss of Cris’ car?

VIII.

Tess leased her 1,500 sq. m. lot in Antipolo City to Ruth for a period of three (3) years, from
January 2010 to February 2013.

On March 19, 2011, Tess sent a letter to Ruth, part of which reads as follows:

"I am offering you to buy the property you are presently leasing at P5,000.00 per sq. m. or for
a total of P7,500,000.00. You can pay the contract price by installment for two (2) years
without interest.

I will give you a period of one (1) year from receipt of this letter to decide whether you will
buy the property."
After the expiration of the lease contract, Tess sold the property to her niece for a total
consideration of P4 million.

Ruth filed a complaint for the annulment of the sale, reconveyance and damages against
Tess and her niece. Ruth alleged that the sale of the leased property violated her right to buy
under the principle of right of first refusal.

Is the allegation of Ruth tenable? (4%)

IX.

Spouses Macario and Bonifacia Dakila entered into a contract to sell with Honorio Cruz over
a parcel of industrial land in Valenzuela, Bulacan for a price of Three Million Five Hundred
Thousand Pesos (P3,500,000.00). The spouses would give a downpayment of Five Hundred
Thousand Pesos (P500,000.00) upon the signing of the contract, while the balance would be
paid for the next three (3) consecutive months in the amount of One Million Pesos
(P1,000,000.00) per month. The spouses paid the first two (2) installments but not the last
installment. After one (1) year, the spouses offered to pay the unpaid balance which Honorio
refused to accept.

The spouses filed a complaint for specific performance against Honorio invoking the
application of the Maceda Law. If you are the judge, how will you decide the case? (4%)

X.

Dorotea leased portions of her 2,000 sq. m. lot to Monet, Kathy, Celia, and Ruth for five (5)
years. Two (2) years before the expiration of the lease contract, Dorotea sold the property to
PM Realty and Development Corporation. The following month, Dorotea and PM Realty
stopped accepting rental payments from all the lessees because they wanted to terminate
the lease contracts.

Due to the refusal of Dorotea to accept rental payments, the lessees , Ruth, et al., filed a
complaint for consignation of the rentals before the Regional Trial Court (RTC) of Manila
without notifying Dorotea.

Is the consignation valid? (4%)

XI.
An easement that can be acquired by prescription: (1%)

(A) Right of way

(B) Watering of an animal

(C) Lateral and subjacent support

(D) Light and view

XII.

J.C. Construction (J.C.) bought steel bars from Matibay Steel Industries (MSI) which is
owned by Buddy Batungbacal. J.C. failed to pay the purchased materials worth P500,000.00
on due date. J.C. persuaded its client Amoroso with whom it had receivables to pay its
obligation to MSI. Amoroso agreed and paid MSI the amount of P50,000.00. After two (2)
other payments, Amoroso stopped making further payments.

Buddy filed a complaint for collection of the balance of the obligation and damages against
J.C. J.C. denied any liability claiming that its obligation was extinguished by reason of
novation which took place when MSI accepted partial payments from Amoroso on its behalf.

Was the obligation of J.C. Construction to MSI extinguished by novation? Why? (4%)

XIII.

Esteban and Martha had four (4) children: Rolando, Jun, Mark, and Hector. Rolando had a
daughter, Edith, while Mark had a son, Philip. After the death of Esteban and Martha, their
three (3) parcels of land were adjudicated to Jun. After the death of Jun, the properties
passed to his surviving spouse Anita, and son Cesar. When Anita died, her share went to her
son Cesar. Ten (10) years after, Cesar died intestate without any issue. Peachy, Anita’s
sister, adjudicated to herself the properties as the only surviving heir of Anita and Cesar.
Edith and Philip would like to recover the properties claiming that they should have been
reserved by Peachy in their behalf and must now revert back to them.

Is the contention of Edith and Philip valid? (4%)

XIV.
A pedestrian, who was four (4) months pregnant, was hit by a bus driver while crossing the
street. Although the pedestrian survived, the fetus inside her womb was aborted. Can the
pedestrian recover damages on account of the death of the fetus? (1%)

(A) Yes, because of Article 2206 of the Civil Code which allows the surviving heirs to demand
damages for mental anguish by reason of the death of the deceased.

(B) Yes, for as long as the pedestrian can prove that she was not at fault and the bus driver
was the one negligent.

(C) No, because a fetus is not a natural person.

(D) No, if the fetus did not comply with the requirements under Article 41 of the Civil Code.

XV.

Mr. Bong owns several properties in Pasig City. He decided to build a condominium named
Flores de Manila in one of his lots. To fund the project, he obtained a loan from the National
Bank (NB) secured by a real estate mortgage over the adjoining property which he also
owned.

During construction, he built three (3) pumps on the mortgaged property to supply water to
the condominium. After one (1) year, the project was completed and the condominium was
turned over to the buyers. However, Mr. Bong failed to pay his loan obligation to NB. Thus,
NB foreclosed the mortgaged property where the pumps were installed. During the sale on
public auction of the mortgaged property, Mr. Simon won in the bidding. When Mr. Simon
attempted to take possession of the property, the condominium owners, who in the meantime
constituted themselves into Flores de Manila Inc. (FMI), claimed that they have earlier filed a
case for the declaration of the existence of an easement before the Regional Trial Court
(RTC) of Pasig City and prayed that the easement be annotated in the title of the property
foreclosed by NB. FMI further claimed that when Mr. Bong installed the pumps in his
adjoining property, a voluntary easement was constituted in favor of FMI.

Will the action prosper? (4%)

XVI.
A congregation for religious women, by way of commodatum, is using the real property
owned and registered in the name of Spouses Manuel as a retreat house.

Maria, a helper of the congregation discovered a chest in the backyard. When she opened
the chest, it contained several pieces of jewelry and money. (4%)

(A) Can the chest containing the pieces of jewelry and money be considered as hidden
treasure?

(B) Who has the right to claim ownership of it?

XVII.

On March 30, 2000, Mariano died intestate and was survived by his wife, Leonora, and
children, Danilo and Carlito. One of the properties he left was a piece of land in Alabang
where he built his residential house.

After his burial, Leonora and Mariano’s children extrajudicially settled his estate. Thereafter,
Leonora and Danilo advised Carlito of their intention to partition the property. Carlito opposed
invoking Article 159 of the Family Code. Carlito alleged that since his minor child Lucas still
resides in the premises, the family home continues until that minor beneficiary becomes of
age.

Is the contention of Carlito tenable? (4%)

XVIII.

Spouses Magtanggol managed and operated a gasoline station on a 1,000 sq.m. lot which
they leased from Francisco Bigla-awa. The contract was for a period of three (3) years.
When the contract expired, Francisco asked the spouses to peacefully vacate the premises.
The spouses ignored the demand and continued with the operation of the gasoline station.

One month after, Francisco, with the aid of a group of armed men, caused the closure of the
gasoline station by constructing fences around it.

Was the act of Francisco and his men lawful? Why? (4%)

XIX.

Who enjoys the Right of Retention? (1%)


(A) Depositary until full payment of what may be due him in deposit.

(B) Lessee if he advances the expenses for the repair of the leased premises.

(C) Bailee if bailor owes him something.

(D) Builder in bad faith for the recovery of necessary and useful expenses.

XX.

Mabuhay Elementary School organized a field trip for its Grade VI students in Fort Santiago,
Manila Zoo, and Star City. To be able to join, the parents of the students had to sign a piece
of paper that reads as follows:

"I allow my child (name of student), Grade – Section, to join the school’s field trip on
February 14, 2014.

I will not file any claim against the school, administrator or teacher in case something
happens to my child during the trip."

Joey, a 7-year-old student of Mabuhay Elementary School was bitten by a snake while the
group was touring Manila Zoo. The parents of Joey sued the school for damages. The
school, as a defense, presented the waiver signed by Joey’s parents.

Was there a valid waiver of right to sue the school? Why? (4%)

XXI.

A delayed accession is: (1%)

(A) formation of an island

(B) avulsion

(C) alluvium

(D) change in the course of the riverbed

XXII.

On March 27, 1980, Cornelio filed an application for land registration involving a parcel of
agricultural land that he had bought from Isaac identified as Lot No. 2716 with an area of one
(1) hectare. During the trial, Cornelio claimed that he and his predecessors-in-interest had
been in open, continuous, uninterrupted, public and adverse possession and occupation of
the land for more than thirty (30) years. He likewise introduced in evidence a certification
dated February 12, 1981 citing a presidential declaration to the effect that on June 14, 1980,
agricultural lands of the public domain, including the subject matter of the application, were
declared alienable and disposable agricultural land. (4%)

(A) If you are the judge, will you grant the application for land registration of Cornelio?

(B) Can Cornelio acquire said agricultural land through acquisitive prescription, whether
ordinary or extraordinary?

XXIII.

After undergoing sex reassignment in a foreign country, Jose, who is now using the name of
"Josie," married his partner Ador. Is the marriage valid? (1%)

(A) Yes, the marriage is valid for as long as it is valid in the place where it is celebrated
following Article 17 of the Civil Code.

(B) Yes, the marriage is valid if all the essential and formal elements of marriage under the
Family Code are present.

(C) No, the marriage is not valid because one essential element of marriage is absent.

(D) No, the marriage is not valid but is voidable because "Josie" concealed her real identity.

XXIV.

Ted, married to Annie, went to Canada to work. Five (5) years later, Ted became a
naturalized Canadian citizen. He returned to the Philippines to convince Annie to settle in
Canada. Unfortunately, Ted discovered that Annie and his friend Louie were having an affair.
Deeply hurt, Ted returned to Canada and filed a petition for divorce which was granted. In
December 2013, Ted decided to marry his childhood friend Corazon in the Philippines. In
preparation for the wedding, Ted went to the Local Civil Registry of Quezon City where his
marriage contract with Annie was registered. He asked the Civil Register to annotate the
decree of divorce on his marriage contract with Annie. However, he was advised by the
National Statistics Office (NSO) to file a petition for judicial recognition of the decree of
divorce in the Philippines.
Is it necessary for Ted to file a petition for judicial recognition of the decree of divorce he
obtained in Canada before he can contract a second marriage in the Philippines? (4%)

XXV.

Mario executed his last will and testament where he acknowledges the child being conceived
by his live-in partner Josie as his own child; and that his house and lot in Baguio City be
given to his unborn conceived child. Are the acknowledgment and the donation mortis causa
valid? Why? (4%)

XXVI.

Isaac leased the apartment of Dorotea for two (2) years. Six (6) months after, Isaac
subleased a portion of the apartment due to financial difficulty. Is the sublease contract valid?
(1%)

(A) Yes, it is valid for as long as all the elements of a valid sublease contract are present.

(B) Yes, it is valid if there is no express prohibition for subleasing in the lease contract.

(C) No, it is void if there is no written consent on the part of the lessor.

(D) No, it is void because of breach of the lease contract.

XXVII.

Fe, Esperanza, and Caridad inherited from their parents a 500 sq. m. lot which they leased to
Maria for three (3) years. One year after, Fe, claiming to have the authority to represent her
siblings Esperanza and Caridad, offered to sell the leased property to Maria which the latter
accepted. The sale was not reduced into writing, but Maria started to make partial payments
to Fe, which the latter received and acknowledged. After giving the full payment, Maria
demanded for the execution of a deed of absolute sale which Esperanza and Caridad
refused to do. Worst, Maria learned that the siblings sold the same property to Manuel. This
compelled Maria to file a complaint for the annulment of the sale with specific performance
and damages.

If you are the judge, how will you decide the case? (4%)

XXVIII.
Spouses Esteban and Maria decided to raise their two (2) nieces, Faith and Hope, both
minors, as their own children after the parents of the minors died in a vehicular accident.

Ten (10) years after, Esteban died. Maria later on married her boss Daniel, a British national
who had been living in the Philippines for two (2) years.

With the permission of Daniel, Maria filed a petition for the adoption of Faith and Hope. She
did not include Daniel as her co-petitioner because for Maria, it was her former husband
Esteban who raised the kids.

If you are the judge, how will you resolve the petition? (4%)

XXIX.

Timothy executed a Memorandum of Agreement (MOA) with Kristopher setting up a


business venture covering three (3) fastfood stores known as "Hungry Toppings" that will be
established at Mall Uno, Mall Dos, and Mall Tres.

The pertinent provisions of the MOA provides:

1. Timothy shall be considered a partner with thirty percent (30%) share in all of the stores to
be set up by Kristopher;

2. The proceeds of the business, after deducting expenses, shall be used to pay the principal
amount of P500,000.00 and the interest therein which is to be computed based on the bank
rate, representing the bank loan secured by Timothy;

3. The net profits, if any, after deducting the expenses and payments of the principal and
interest shall be divided as follows: seventy percent (70%) for Kristopher and thirty percent
(30%) for Timothy;

4. Kristopher shall have a free hand in running the business without any interference from
Timothy, his agents, representatives, or assigns , and should such interference happen,
Kristopher has the right to buy back the share of Timothy less the amounts already paid on
the principal and to dissolve the MOA; and

5. Kristopher shall submit his monthly sales report in connection with the business to
Timothy.
What is the contractual relationship between Timothy and Kristopher? (4%)

XXX.

Joe Miguel, a well-known treasure hunter in Mindanao, executed a Special Power of Attorney
(SPA) appointing his nephew, John Paul, as his attorney-infact. John Paul was given the
power to deal with treasure-hunting activities on Joe Miguel’s land and to file charges against
those who may enter it without the latter’s authority. Joe Miguel agreed to give John Paul
forty percent (40%) of the treasure that may be found on the land.

Thereafter, John Paul filed a case for damages and injunction against Lilo for illegally
entering Joe Miguel’s land. Subsequently, he hired the legal services of Atty. Audrey
agreeing to give the latter thirty percent (30%) of Joe Miguel’s share in whatever treasure
that may be found in the land.

Dissatified however with the strategies implemented by John Paul, Joe Miguel unilaterally
revoked the SPA granted to John Paul.

Is the revocation proper? (4%)

---oo0ooo---
2015 BAR EXAMINATIONS

CIVIL LAW

November 15, 2015 8:00 A.M. - 12:00 NN.


INSTRUCTIONS

1. This Questionnaire contains ten (10) pages including these Instructions pages. Check the
number of pages and the page numbers at the upper right hand corner of each page of this
Questionnaire and make sure it has the correct number of pages and their proper numbers.

There are 20 items (I to XX) to be answered within/our (4) hours.

2. Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only on the front,
not the back, page of every sheet in your Notebook. Note well the allocated percentage
points for each number, question, or sub-question. In your answers, use the numbering
system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use
the back page of every sheet of your Examination Notebook, starting at the back page of the
first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question,
to select the material from the immaterial facts, and to discern the points upon which the
question turns. It should show your knowledge and understanding of the pertinent principles
and theories of law involved and their qualifications and limitations. It should demonstrate
your ability to apply the law to the given facts, to reason logically in a lawyer-like manner, and
to form a sound conclusion from the given premises.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the question
does not expressly ask for an explanation. At the same time, remember that a complete
explanation does not require that you volunteer information or discuss legal doctrines that
are not necessary or pertinent to the solution to the problem. You do not need to re-write or
repeat the question in your Notebook.
4. Make sure you do not write your name or any extraneous note/s or distinctive marking/s
on your Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is
considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT TOGETHER WITH


YOUR NOTEBOOK

JUSTICE TERESITA J. LEONARDO-DE CASTRO

Chairperson

2015 Bar Examinations

I.

Alden and Stela were both former Filipino citizens. They were married in the Philippines but
they later migrated to the United States where they were naturalized as American citizens. In
their union they were able to accumulate several real properties both in the US and in the
Philippines. Unfortunately, they were not blessed with children. In the US, they executed a
joint will instituting as their common heirs to divide their combined estate in equal shares, the
five siblings of Alden and the seven siblings of Stela. Alden passed away in 2013 and a year
later, Stela also died. The siblings of Alden who were all citizens of the US instituted probate
proceedings in a US court impleading the siblings of Stela who were all in the Philippines.

a) Was the joint will executed by Alden and Stela who were both former Filipinos valid?
Explain with legal basis. (3%)

b) Can the joint will produce legal effect in the Philippines with respect to the properties of
Alden and Stela found here? If so, how? (3%)

c) Is the situation presented in Item I an example of depe9age? (2%)

II.
Marco and Gina were married in 1989. Ten years later, or in 1999, Gina left Marco and lived
with another man, leaving their two children of school age with Marco. When Marco needed
money for their children's education he sold a parcel of land registered in his name, without
Gina's consent, which he purchased before his marriage. Is the sale by Marco valid, void or
voidable? Explain with legal basis. (4%)

III.

Julie had a relationship with a married man who had legitimate children. A son was born out
of that illicit relationship in 1981. Although the putative father did not recognize the child in his
certificate of birth, he nevertheless provided the child with all the support he needed and
spent time regularly with the child and his mother. When the man died in 2000, the child was
already 18 years old so he filed a petition to be recognized as an illegitimate child of the
putative father and sought to be given a share in his putative father's estate. The legitimate
family opposed, saying that under the Family Code his action cannot prosper because he did
not bring the action for recognition during the lifetime of his putative father.

a) If you were the judge in this case, how would you rule? (4%)

b) Wishing to keep the peace, the child during the pendency of the case decides to
compromise with his putative father's family by abandoning his petition in exchange for 1/2 of
what he would have received as inheritance if he were recognized as an illegitimate child. As
the judge, would you approve such a compromise? (2%)

IV.

Bert and Joe, both male and single, lived together as common law spouses and agreed to
raise a son of Bert's living brother as their child without legally adopting him. Bert worked
while Joe took care of their home and the boy. In their 20 years of cohabitation they were
able to acquire real estate assets registered in their names as co-owners. Unfortunately, Bert
died of cardiac arrest, leaving no will. Bert was survived by his biological siblings, Joe, and
the boy.

a) Can Article 147 on co-ownership apply to Bert and Joe, whereby all properties they
acquired will be presumed to have been acquired by their joint industry and shall be owned
by them in equal shares? (2%)
b) What are the successional rights of the boy Bert and Joe raised as their son? (2%)

c) If Bert and Joe had decided in the early years of their cohabitation to jointly adopt the boy,
would they have been legally allowed to do so? Explain with legal basis. (3%)

V.

Mrs. L was married to a ship captain who worked for an international maritime vessel. For
her and her family's support, she would claim monthly allotments from her husband's
company. One day, while en route from Hong Kong to Manila, the vessel manned by Captain
L encountered a severe typhoon at sea. The captain was able to send radio messages of
distress to the head office until all communications were lost. In the weeks that followed, the
search operations yielded debris of the lost ship but the bodies of the crew and the
passengers were not recovered. The insurance company thereafter paid out the death
benefits to all the heirs of the passengers and crew. Mrs. L filed a complaint demanding that
her monthly allotments continue for the next four years until her husband may be legally
presumed dead because of his absence. If you were the magistrate, how would you rule?
(3%)

VI.

Kardo met Glenda as a young lieutenant and after a whirlwind courtship, they were married.
In the early part of his military career, Kardo was assigned to different places all over the
country but Glenda refused to accompany him as she preferred to live in her hometown.
They did not live together until the 12th year of their marriage when Kardo had risen up the
ranks and was given his own command. They moved to living quarters in Fort Gregorio. One
day, while Kardo was away on official business, one of his military aides caught Glenda
having sex with the corporal assigned as Kardo's driver. The aide immediately reported the
matter to Kardo who rushed home to confront his wife. Glenda readily admitted the affair and
Kardo sent her away in anger. Kardo would later come to know the true extent of Glenda's
unfaithfulness from his aides, his household staff, and former neighbors who informed him
that Glenda has had intimate relations with various men throughout their marriage whenever
Kardo was away on assignment.

Kardo filed a petition for declaration of nullity of marriage under Article 36. Based on
interviews from Kardo, his aide, and the housekeeper, a psychologist testified that Glenda's
habitual infidelity was due to her affliction with Histrionic Personality Disorder, an illness
characterized by excessive emotionalism and uncontrollable attention-seeking behavior
rooted in Glenda's abandonment as a child by her father. Kardo himself, his aide, and his
housekeeper also testified in court. The RTC granted the petition, relying on the liberality
espoused by Te v. Te and Azcueta v. Republic. However, the OSG filed an appeal, arguing
that sexual infidelity was only a ground for legal separation and that the RTC failed to abide
by the guidelines laid down in the Molina case. How would you decide the appeal? (5%)

VII.

Mr. and Mrs. X migrated to the US with all their children. As they had no intention of coming
back, they offered their house and lot for sale to their neighbors, Mr. and Mrs. A (the buyers)
who agreed to buy the property for 128 Million. Because Mr. and Mrs. A needed to obtain a
loan from a bank first, and since the sellers were in a hurry to migrate, the latter told the
buyers that they could already occupy the house, renovate it as it was already in a state of
disrepair, and pay only when their loan is approved and released. While waiting for the loan
approval, the buyers spent .Pl Million in repairing the house. A month later, a person carrying
an authenticated special power of attorney from the sellers demanded that the buyers either
immediately pay for the property in full now or vacate it and pay damages for having made
improvements on the property without a sale having been perfected.

a) What are the buyers' options or legal rights with respect to the expenses they incurred in
improving the property under the circumstances? (3%)

b) Can the buyers be made to immediately vacate on the ground that the sale was not
perfected? Explain briefly. (3%)

VIII.

X, Y, Z are siblings who inherited a IO-storey building from their parents. They agreed in
writing to maintain it as a co-owned property for leasing out and to divide the net profits
among themselves equally for a period of 20 years. On the 8th year, X wanted to get out of
the co-ownership so he could get his 1/3 share in the property. Y and Z refused, saying X is
bound by their agreement to keep the co-ownership for 20 years. Are Y and Z correct?
Explain. (3%)

IX.
Jose, single, donated a house and lot to his only niece, Maria, who was of legal age and who
accepted the donation. The donation and Maria's acceptance thereof were evidenced by a
Deed of Donation. Maria then lived in the house and lot donated to her, religiously paying
real estate taxes thereon. Twelve years later, when Jose had already passed away, a
woman claiming to be an illegitimate daughter of Jose filed a complaint against Maria.
Claiming rights as an heir, the woman prayed that Maria be ordered to reconvey the house
and lot to Jose's estate. In her complaint she alleged that the notary public who notarized the
Deed of Donation had an expired notarial commission when the Deed of Donation was
executed by Jose. Can Maria be made to reconvey the property? What can she put up as a
defense? (4%)

X.

X, a dressmaker, accepted clothing materials from Karla to make two dresses for her. On the
day X was supposed to deliver Karla's dresses, X called up Karla to say that she had an
urgent matter to attend to and will deliver them the next day. That night, however, a robber
broke into her shop and took everything including Karla's two dresses. X claims she is not
liable to deliver Karla's dresses or to pay for the clothing materials considering she herself
was a victim of the robbery which was a fortuitous event and over which she had no control.
Do you agree? Why? (3%)

XI.

Jackie, 16, inherited a townhouse. Because she wanted to study in an exclusive school, she
sold her townhouse by signing a Deed of Sale and turning over possession of the same to
the buyer. When the buyer discovered that she was still a minor, she promised to execute
another Deed of Sale when she turns 18. When Jackie turned 25 and was already working,
she wanted to annul the sale and return the buyer's money to recover her townhouse. Was
the sale contract void, voidable or valid? Can Jackie still recover the property? Explain. (4%)

XII.

A. Iya and Betty owed Jun P500,000.00 for advancing their equity in a corporation they
joined as incorporators. Iya and Betty bound themselves solidarily liable for the debt. Later,
Iya and Jun became sweethearts so Jun condoned the debt of P500,000.00. May lya
demand from Betty P250,000.00 as her share in the debt? Explain with legal basis. (2%)
B. Juancho, Don and Pedro borrowed P150,000.00 from their friend Cita to put up an internet
cafe orally promising to pay her the full amount after one year. Because of their lack of
business know-how, their business collapsed. Juancho and Don ended up penniless but
Pedro was able to borrow money and put up a restaurant which did well. Can Cita demand
that Pedro pay the entire obligation since he, together with the two others, promised to pay
the amount in full after one year? Defend your answer. (2%)

<

p align="center">XIII.

A. X and Y are partners in a shop offering portrait painting. Y provided the capital and the
marketing while X was the portrait artist. They accepted the P50,000.00 payment of Kyla to
do her portrait but X passed away without being able to do it. Can Kyla demand that Y deliver
the portrait she had paid for because she was dealing with the business establishment and
not with the artist personally? Why or why not? (3%)

B. In this jurisdiction, is a joint venture (i.e., a group of corporations contributing resources for
a specific project and sharing the profits therefrom) considered a partnership? (3%)

XIV.

A driver of a bus owned by company Z ran over a boy who died instantly. A criminal case for
reckless imprudence resulting in homicide was filed against the driver. He was convicted and
was ordered to pay P2 Million in actual and moral damages to the parents of the boy who
was an honor student and had a bright future. Without even trying to find out if the driver had
assets or means to pay the award of damages, the parents of the boy filed a civil action
against the bus company to make it directly liable for the damages.

a) Will their action prosper? (4%)

b) If the parents of the boy do not wish to file a separate civil action against. the bus
company, can they still make the bus company liable if the driver cannot' pay the award for
damages? If so, what is the nature of the employer's liability and how may civil damages be
satisfied? (3%)

XV.
A. Sara borrowed P50,000.00 from Julia and orally promised to pay it within six months.
When Sara tried to pay her debt on the 8th month, Julia demanded the payment of interest of
12o/o per annum because of Sara's delay in payment. Sara paid her debt and the interest
claimed by Julia. After rethinking, Sara demanded back from Julia the amount she had paid
as interest. Julia claims she has no obligation to return the interest paid by Sara because it
was a natural obligation which Sara voluntarily performed and can no longer recover. Do you
agree? Explain. (4%)

B. Distinguish civil and natural obligations. (2%)

XVI.

Donna pledged a set of diamond ring and earrings to Jane for P200,000.00 She was made to
sign an agreement that if she cannot pay her debt within six months, Jane could immediately
appropriate the jewelry for herself. After six months, Donna failed to pay. Jane then displayed
the earrings and ring set in her jewelry shop located in a mall. A buyer, Juana, bought the
jewelry set for P300,000.00.

a) Was the agreement which Donna signed with Jane valid? Explain with legal basis. (2%)

b) Can Donna redeem the jewelry set from Juana by paying the amount she owed Jane to
Juana? Explain with legal basis. (2%)

c) Give an example of a pledge created by operation of law. (2%)

XVII.

Z, a gambler, wagered and lost P2 Million in baccarat, a card game. He was pressured into
signing a Deed of Absolute Sale in favor of the winner covering a parcel of land with
improvements worth P20 Million. One month later, the supposed vendee of the property
demanded that he and his family vacate the property subject of the deed of sale. Was the
deed of sale valid? What can Z do? (4%)

XVIII.

A lawyer was given an authority by means of a Special Power of Attorney by his client to sell
a parcel of land for the amount of P3 Million. Since the client owed the lawyer P1 Million in
attorney's fees in a prior case he handled, the client agreed that if the property is sold, the
lawyer was entitled to get 5% agent's fee plus P1 Million as payment for his unpaid attorney's
fees. The client, however, subsequently found a buyer of his own who was willing to buy the
property for a higher amount. Can the client unilaterally rescind the authority he gave in favor
of his lawyer? Why or why not? (4%)

XIX.

Mr. A, a businessman, put several real estate properties under the name of his eldest son X
because at that time, X was the only one of legal age among his four children. He told his
son he was to hold those assets for his siblings until they become adults themselves. X then
got married. After 5 years, Mr. A asked X to transfer the titles over three properties to his
three siblings, leaving two properties for himself. To A's surprise, X said that he can no
longer be made to transfer the properties to his siblings because more than 5 years have
passed since the titles were registered in his name. Do you agree? Explain. (4%)

XX.

A. Mr. and Mrs. Roman and Mr. and Mrs. Cruz filed an application for registration of a parcel
of land which after due proceedings was granted by the RTC acting as a land registration
court. However, before the decree of registration could be issued, the spouses Roman and
the spouses Cruz sold the lot to Juan. In the notarized deed of sale, the sellers expressly
undertook to submit the deed of sale to the land registration court so that the title to the
property would be directly issued in Juan's name. Is such a stipulation valid? (2%)

B. Distinguish a direct attack from a collateral attack on a title. (2%)

C. If the title in Item XX.A is issued in the names of the original sellers, would a motion filed
by Juan in the same case to correct or amend the title in order to reflect his name as owner
be considered a collateral attack? (2%)

---ooo0ooo---
2016 BAR EXAMINATIONS

CIVIL LAW

November 13, 2016 8:00 A.M. - 12:00 P.M.


INSTRUCTIONS

1. This Questionnaire contains eight (8) pages. Check the number of pages and make sure it
has the correct number of pages and their proper numbers.

All the items have to be answered within/our (4) hours. Since there are twenty (20)
questions, you have 12 minutes to answer each question, and 6 minutes to answer each
sub-question. You may write on the Questionnaire for notes relating to the questions.

Read each question very carefully and write your answers in your Bar Examination Notebook
in the same order the questions are posed. Write your answers only on the front of every
sheet in your Notebook. If not sufficient then start with the back page of the first sheet and
thereafter. Note well the allocated percentage points for each number, question, or sub-
question. In your answers, use the numbering system in the questionnaire.

2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws
and jurisprudence, and arrive at a sound or logical conclusion. Always support your answer
with the pertinent laws, rules, jurisprudence, and the facts.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given full credit. Thus, always briefly but fully explain your answers although the question
does not expressly ask for an explanation. You do not need to re-write or repeat the question
in your Notebook.

3. Make sure you do not write your name or any extraneous note/s or distinctive marking/son
your Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner). Writing, leaving, or making any
distinguishing or identifying mark in the exam Notebook is considered cheating and can
disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE PRESBITERO J. VELASCO, JR.


Chairman

2016 Bar Examinations

Section 1 of P.D. No. 755 states:

"Section 1. Declaration of National Policy. - It is hereby declared that the policy of the State is
to provide readily available credit facilities to the coconut farmers at preferential rates; that
this policy can be expeditiously and efficiently realized by the implementation of the
'Agreement for the Acquisition of a Commercial Bank for the Benefit of the Coconut Farmers'
executed by the Philippine Coconut Authority, the terms of which 'Agreement' are hereby
incorporated by reference; x x x"

A copy of the Agreement was not attached to the Presidential Decree.

P.D. No. 755 was published in the Official Gazette but the text of the Agreement described in
Section 1 was not published. Can the Agreement in question be accorded the status of a
law? Explain. (5%)

II

With regard to an award of interest in the concept of actual and compensatory damages,
please state the guidelines regarding the manner of computing legal interest in the following
situations:

[a) when the obligation is breached and it consists in the payment of a sum of money like a
loan or forbearance of money; (2.5%)

[b] when the obligation does not constitute a loan or forbearance of money. (2.5%)

Consider the issuance of BSP-MB Circular No. 799, which became effective on July 1, 2013.

III

Romeo and Juliet, both Filipinos, got married. After a few years, Juliet got word from her
mother that she can go to the United States for naturalization. Juliet promised she will be
back the moment she becomes an American. After sometime, Romeo learned from a friend
that Juliet already became a U.S. citizen and even divorced him to marry a wealthy American
businessman. Romeo filed a petition before the Regional Trial Court praying that an order be
issued authorizing him to remarry pursuant to Article 26 of the Family Code. Decide the
petition with reasons. (5%)

IV

Leo married Lina and they begot a son. After the bitth of their child, Lina exhibited unusual
behavior and started to neglect her son; she frequently went out with her friends and
gambled in casinos. Lina later had extra-marital affairs with several men and eventually
abandoned Leo and their son. Leo was able to talk to the psychiatrist of Lina who told him
that Lina suffers from dementia praecox, a form of psychosis where the afflicted person is
prone to commit homicidal attacks. Leo was once stabbed by Lina but fortunately he only
suffered minor injuries. Will a Petition for Declaration of Nullity of Marriage filed with the court
prosper? Explain. (5%)

Bernard and Dorothy lived together as common-law spouses although they are both
capacitated to marry. After one year of cohabitation, Dorothy went abroad to work in Dubai
as a hair stylist and regularly sent money to Bernard. With the money, Bernard bought a lot.
For a good price, Bernard sold the lot. Dorothy came to know about the acquisition and sale
of the lot and filed a suit to nullify the sale because she did not give her consent to the sale.

[a] Will Dorothy's suit prosper? Decide with reasons. (2.5%)

[b] Suppose Dorothy was jobless and did not contribute money to the acquisition of the lot
and her efforts consisted mainly in the care and maintenance of the family and household, is
her consent to the sale a prerequisite to its validity? Explain. (2.5%)

VI

Pedro bought a parcel of land described as Cadastral Lot No. 123 and the title was issued to
his name. Juan also bought a lot in the same place, which is described as Cadastral Lot No.
124. Pedro hired a geodetic engineer to determine the actual location of Lot No. 123 but for
some reason, the engineer pointed to Lot No. 124 by mistake. Pedro hired a contractor to
construct his house and the latter put up a sign stating the name of the owner of the project
and the construction permit number. It took more than a year before the house was
constructed. When Pedro was already residing in his house, Juan told him to remove his
house because it was built on his (Juan's) lot.

Juan filed a Complaint for Recovery of Possession and prayed that the house be removed
because Pedro is a builder in bad faith. Pedro filed his Answer with Counterclaim that he is
entitled to the payment of the value of the house plus damages because he is a builder in
good faith and that Juan is guilty of estoppel and laches.

[a] If Pedro is a builder in good faith, what are the rights given to Juan under the law?
Explain. (2.5%)

[b] If Pedro is a builder in bad faith, what are the rights given to Juan under the law? Explain.
(2.5%)

VII

Benjamin is the owner of a titled lot which is bounded on the north by the Maragondon River.
An alluvial deposit of two (2) hectares was added to the registered area. Daniel took
possession of the portion formed by accretion and claims that he has been in open,
continuous and undisturbed possession of said portion since 1923 as shown by a tax
declaration. In 1958, Benjamin filed a Complaint for Quieting of Title and contends that the
alluvium belongs to him as the riparian owner and that since the alluvium is, by law, part and
parcel of the registered property, the same may be considered as registered property.
Decide the case and explain. (5%)

VIII

Joven and Juliana are the owners of a 30-hectare plantation in Cotabato, covered by a title.
One day, a group of armed men forcibly entered their house and, at gun point, forced them to
sign a Deed of Absolute Sale in favor of Romeo. Romeo got the title from them and they
were ejected from the house and threatened not to come back or else they will be killed. The
spouses went to Manila and resided there for more than 35 years. They never went back to
Cotabato for fear of their lives. Word came to them that peace and order have been restored
in their former place of residence and they decided to reclaim their land for the benefit of their
grandchildren. Joven and Juliana filed a suit for reconveyance of their property. This was
opposed by the grandson of Romeo to whom the title was eventually transferred, on the
ground of laches and prescription. Decide the case and rule on the defenses of laches and
prescription. Explain your answer. (5%)

IX

Butch got a loan from Hagibis Corporation (Hagibis) but he defaulted in the payment. A case
for collection of a sum of money was filed against him. As a defense, Butch claims that there
was already an arrangement with Hagibis on the payment of the loan. To implement the
same, Butch already surrendered five (5) service utility vehicles (SUVs) to the company for it
to sell and the proceeds to be credited to the loan as payment. Was the obligation of Butch
extinguished by reason of dacion en pago upon the surrender of the SUVs? Decide and
explain. (5%)

Jerico, the project owner, entered into a Construction Contract with Ivan for the latter to
construct his house. Jojo executed a Surety undertaking to guarantee the performance of the
work by Ivan. Jerico and Ivan later entered into a Memorandum of Agreement (MOA)
revising the work schedule of Ivan and the subcontractors. The MOA stated that all the
stipulations of the original contract not in conflict with said agreement shall remain valid and
legally effective. Jojo filed a suit to declare him relieved of his undertaking as a result of the
MOA because of the change in the work schedule. Jerico claims there is no novation of the
Construction Contract. Decide the case and explain. (5%)

XI

Ellen entrusted her title over the lot where she is residing to Patrick, her nephew, for
safekeeping because of her poor eyesight. Patrick, a gambler, prepared a Special Power of
Attorney empowering him to mortgage the lot. Ellen's signature was forged. With the help of
Julia who represented herself as Ellen, Mega Bank granted a loan to Patrick secured by a
mortgage on Ellen's lot. Due to non-payment, Mega Bank foreclosed the mortgage and was
declared the highest bidder. Title was later registered in the name of the bank. When Ellen
was notified that she should vacate the premises, she filed a complaint to nullify the loan with
mortgage, the auction sale and the title of Mega Bank on the ground that the bank is not a
mortgagee in good faith. Decide the case with reasons. (5%)

XII
On March 13, 2008, Ariel entered into a Deed of Absolute Sale (DAS) with Noel where the
former sold his titled lot in Quezon City with an area of three hundred (300) square meters to
the latter for the price of P300,000.00. The prevailing market value of the lot was P3,000.00
per square meter. On March 20, 2008, they executed another "Agreement To Buy
Back/Redeem Property" where Ariel was given an option to repurchase the property on or
before March 20, 2010 for the same price. Ariel, however, remained in actual possession of
the lot. Since Noel did not pay the taxes, Ariel paid the real property taxes to avoid a
delinquency sale.

On March 21, 2010, Ariel sent a letter to Noel, attaching thereto a manager's check for
P300,000.00 manifesting that he is redeeming the property. Noel rejected the redemption
claiming that the DAS was a true and valid sale representing the true intent of the parties.
Ariel filed a suit for the nullification of the DAS or the reformation of said agreement to that of
a Loan with Real Estate Mortgage. He claims the DAS and the redemption agreement
constitute an equitable mortgage. Noel however claims it is a valid sale with pacto de retro
and Ariel clearly failed to redeem the property.

As the RTC judge, decide the case with reasons. (5%)

XIII

Peter, a resident of Cebu City, sent through Reliable Pera Padala (RPP) the amount of
P20,000.00 to his daughter, Paula, for the payment of her tuition fee. Paula went to an RPP
branch but was informed that there was no money remitted to her name. Peter inquired from
RPP and was informed that there was a computer glitch and the money was credited to
another person. Peter and Paula sued RPP for actual damages, moral damages and
exemplary damages. The trial court ruled that there was no proof of pecuniary loss to the
plaintiffs but awarded moral damages of P20,000.00 and exemplary damages of P5,000.00.
On appeal, RPP questioned the award of moral and exemplary damages. Is the trial court
correct in awarding moral and exemplary damages? Explain. (5%)

XIV

On February 28, 1998, Arthur filed an application for registration of title of a lot in Temate,
Cavite before the Regional Trial Court of Naic, Cavite under Section 48(b) of Commonwealth
Act No. 141 (CA 141) for judicial confirmation ofimperfect title. Section 48(b) of CA 141
requires possession counted from June 12, 1945. Arthur presented testimonial and
documentary evidence that his possession and that of his predecessors-ininterest started in
1936. The lot was declared alienable and disposable (A and D) in 1993 based on a PENRO
certification and a certified true copy of the original classification made by the DENR
Secretary. The government opposed the application on the ground that the lot was certified A
and D only in 1993 while the application was instituted only in 1998. Arthur's possession of
five (5) years from the date of declaration does not comply with the 30-year period required
under CA 141. Should the possession of Arthur be reckoned from the date when the lot was
declared A and D or from the date of actual possession of the applicant? Explain. (5%)

XV

Peter and Paul entered into a Contract to Sell whereby Peter, the lot owner, agreed to sell to
Paul his lot on November 6, 2016 for the price of Pl ,000,000.00 to be paid at the residence
of Peter in Makati City at 1 :00 p.m. If the full price is paid in cash at the specified time and
place, then Peter will execute a Deed of Absolute Sale and deliver the title to Paul.

On November 6, 2016, Paul did not show up and was not heard of from that date on. In view
of the nonperformance by Paul of his obligation, Peter sent a letter to Paul that he is
expressly and extra-judicially declaring the Contract to Sell rescinded and of no legal and
binding effect. Peter further stated that failure on the part of Paul to contest the rescission
within thirty (30) days from receipt of said letter shall mean that the latter agreed to the
rescission.

Paul did not reply to this letter for five (5) years. Thus, Peter decided to sell his lot to Henry in
2021. After hearing that Henry bought the lot, Paul now questions the sale of the lot to Henry
and files a complaint for nullification of the sale.

[a] Is the exercise by Peter of his power to rescind extra-judicially the Contract to Sell the
proper and legal way of rescinding said contract? Explain. (2.5%)

[b] In case Paul made a downpayment pursuant to a stipulation in the Contract to Sell, what
is the legal remedy of Peter? (2.5%)

XVI

Don Ricardo had 2 legitimate children - Tomas and Tristan. Tristan has 3 children.
Meanwhile, Tomas had a relationship with Nancy, who was also single and had the legal
capacity to marry. Nancy became pregnant and gave birth to Tomas, Jr. After the birth of
Tomas, Jr., his father, Tomas, died. Later, Don Ricardo died without a will and Tristan
opposed the motion of Tomas, Jr. to be declared an heir of the deceased since he is an
illegitimate child. Tomas, Jr. countered that Article 992 of the Civil Code is unconstitutional
for violation of the equal protection of the laws. He explained that an illegitimate child of an
illegitimate parent is allowed to inherit under Articles 902, 982 and 990 of the Civil Code
while he - an illegitimate child of a legitimate father - cannot. Civil Law commentator Arturo
Tolentino opined that Article 992 created an absurdity and committed an injustice because
while the illegitimate descendant of an illegitimate child can represent, the illegitimate
descendant of a legitimate child cannot. Decide the case and explain. (5%)

XVII

Macario bought a titled lot from Ramon, got the title and took possession of the lot. Since
Macario did not have the money to pay the taxes, fees and registration expenses, he was not
able to register the Deed of Absolute Sale. Upon advice, he merely executed an Affidavit of
Adverse Claim and had it annotated at the back of the title. A few years after, he received a
Notice of Levy on Attachment and Writ of Execution in favor of Alex. The notice, writ and
certificate of sale were annotated at the back of the title still in Ramon's name. Alex contends
that since the Affidavit of Adverse Claim is effective only for 30 days from the date of its
registration, then its validity has expired. Macario posits that the annotation of his adverse
claim is notice to the whole world of his purchase of the lot in question. Who has the superior
right over the disputed property - Macario or Alex? Explain. (5%)

XVIII

Dr. Jack, a surgeon, holds clinic at the St. Vincent's Hospital and pays rent to the hospital.
The fees of Dr. Jack are paid directly to him by the patient or through the cashier of the
hospital. The hospital publicly displays in the lobby the names and specializations of the
doctors associated or accredited by it, including that of Dr. Jack. Marta engaged the services
of Dr. Jack because of recurring stomach pain. It was diagnosed that she is suffering from
cancer and had to be operated on. Before the operation, she was asked to sign a "consent
for hospital care," which reads:

"Permission is hereby given to the medical, nursing and laboratory staff of the St. Vincent's
Hospital to perform such procedures and to administer such medications and treatments as
may be deemed necessary or advisable by the physicians of this hospital for and during the
confinement."

After the surgery, the attending nurses reported that two (2) sponges were missing. Later,
Marta died due to complications brought about by the sponges that were left in her stomach.
The husband of Marta sued the hospital and Dr. Jack for damages arising from negligence in
the medical procedure. The hospital raised the defense that Dr. Jack is not its employee as it
did not hire Dr. Jack nor pay him any salary or compensation. It has absolutely no control
over the medical services and treatment being provided by Dr. Jack. Dr. Jack even signed an
agreement that he holds the hospital free and harmless from any liability arising from his
medical practice in the hospital.

Is St. Vincent's Hospital liable for the negligence of Dr. Jack? Explain your answer. (5%)

XIX

Brad and Angelina had a secret marriage before a pastor whose office is located in
Arroceros Street, City of Manila. They paid money to the pastor who took care of all the
documentation. When Angelina wanted to go to the U.S., she found out that there was no
marriage license issued to them before their marriage. Since their marriage was solemnized
in 1995 after the effectivity of the Family Code, Angelina filed a petition for judicial declaration
of nullity on the strength of a certification by the Civil Registrar of Manila that, after a diligent
and exhaustive search, the alleged marriage license indicated in the marriage certificate
does not appear in the records and cannot be found.

[a] Decide the case and explain. (2.5%)

[b] In case the marriage was solemnized in 1980 before the effectivity of the Family Code, is
it required that a judicial petition be filed to declare the marriage null and void? Explain.
(2.5%)

XX

Princess married Roberto and bore a son, Onofre. Roberto died in a plane crash. Princess
later married Mark and they also had a son - Pepito. Onofre donated to Pepito, his half-
brother, a lot in Makati City worth P3,000,000.00. Pepito succumbed to an illness and died
intestate. The lot given to Pepito by Onofre was inherited by his father, Mark. Mark also died
intestate. Lonely, Princess followed Mark to the life beyond. The claimants to the subject lot
emerged - Jojo, the father of Princess; Victor, the father of Mark; and Jerico, the father of
Roberto.

Who among the three (3) ascendants is entitled to the lot? Explain. (5%)

-END-
2017 BAR EXAMINATIONS

CIVIL LAW

November 12, 2017 8:00 A.M. - 12:00 N.N.


INSTRUCTIONS

1. This Questionnaire contains nine (9) pages. Check and make sure that your Questionnaire
has the correct number of pages. You may write on your Questionnaire as you answer the
questions.

Read each question very carefully and write your answers in your Bar Examination Notebook
in the same order of the questions. Answer the essay questions legibly, clearly, and
concisely. Write your answers only on the front of every page of your Notebook. If the front
pages are not sufficient, continue at the back of the first page and so on. Start every number
on a separate page, but an answer to a sub-question under the same number may be written
continuously on the same page and on the immediately succeeding pages until the answer is
complete. Follow the numbering sequence of the Questionnaire in your answers.

2. Your answers should demonstrate your ability to analyze the facts, apply the pertinent
laws and jurisprudence, and arrive at sound and logical conclusions. Answers must fully
explain even if the questions do not expressly require explanations. A "Yes" or "No" answer
sans explanation or discussion will not be given full credit.

3. Marking of your Notebook with your name or other identifying signs or symbols extraneous
to the subject matter of the questions may be considered as cheating and may disqualify
you.

Good luck!

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE LUCAS P. BERSAMIN

Chairman

2017 Bar Examinations

I.

State whether the following marital unions are valid, void, or voidable, and give the
corresponding justifications for your answer:
(a) Ador and Becky's marriage wherein Ador was afflicted with AIDS prior to the marriage.
(2%)

(b) Carlos' marriage to Dina which took place after Dina had poisoned her previous husband
Edu in order to free herself from any impediment in order to live with Carlos. (2%)

(c) Eli and Fely's marriage solemnized seven years after the disappearance of Chona, Eli's
previous spouse, after the plane she had boarded crashed in the West Philippine Sea. (2%)

(d) David who married Lina immediately the day after obtaining a judicial decree annulling his
prior marriage to Elisa. (2%)

(e) Marriage of Zoren and Carmina who did not secure a marriage license prior to their
wedding, but lived together as husband and wife for 10 years without any legal impediment
to marry. (2%)

II.

In 1960, Rigor and Mike occupied two separate but adjacent tracts of land in Mindoro. Rigor's
tract was classified as timber land while Mike's was classified as agricultural land. Each of
them fenced and cultivated his own tract continuously for 30 years. In 1991, the Government
declared the land occupied by Mike as alienable and disposable, and the one cultivated by
Rigor as no longer intended for public use or public service.

Rigor and Mike now come to you today for legal advice in asserting their right of ownership of
their respective lands based on their long possession and occupation since 1960.

(a) What are the legal consequences of the 1991 declarations of the Government respecting
the lands? Explain your answer. (2%)

(b) Given that, according to Section 48(b) of Commonwealth Act No. 141, in relation to
Section 14(1) of Presidential Decree No. 1529, the open, continuous, exclusive and
notorious possession and occupation of alienable and disposable lands of the public domain
as basis for judicial confirmation of imperfect title must be from June 12, 1945, or earlier, may
Mike nonetheless validly base his assertion of the right of ownership on prescription under
the Civil Code? Explain your answer. (4%)

(c) Does Rigor have legal basis for his application for judicial confirmation of imperfect title
based on prescription as defined by the Civil Code given that, like Mike, his open,
continuous, exclusive and notorious possession and occupation was not since June 12,
1945, or earlier, and his tract of land was timber land until the declaration in 1991? Explain
your answer. (4%)

III.

Josef owns a piece of land in Pampanga. The National Housing Authority (NHA) sought to
expropriate the property for its socialized housing project. The trial court fixed the just
compensation for the property at P50 million. The NHA immediately deposited the same at
the authorized depository bank and filed a motion for the issuance of a writ of possession
with the trial court. Unfortunately, there was delay in the resolution of the motion. Meanwhile,
the amount deposited earned interest.

When Josef sought the release of the amount deposited, NHA argued that Josef should only
be entitled to P50 million.

Who owns the interest earned? (3%)

IV.

(a) Distinguish antichresis from usufruct? (3%)

(b) Distinguish commodatum from mutuum. (3%)

V.

Jacob has owned a farm land in Ramos, Tarlac. In 2012, Liz surreptitiously entered and
cultivated the property. In 2014, Jacob discovered Liz's presence in and cultivation of the
property. Due to his being busy attending to his business in Cebu, he tolerated Liz's
cultivation of the property. Subsequently, in December 2016, Jacob wanted to regain
possession of the property; hence, he sent a letter to Liz demanding that she vacate the
property. Liz did not vacate despite the demand.

Jacob comes to enlist your legal assistance to bring an action against Liz to recover the
possession of the property.

What remedies are available to Jacob to recover possession of his property under the
circumstances? Explain your answer. (4%)
VI.

Tyler owns a lot that is enclosed by the lots of Riley to the North and East, of Dylan to the
South, and of Reece to the West. The current route to the public highway is a kilometer's
walk through the northern lot of Riley, but the route is a rough road that gets muddy during
the rainy season, and is inconvenient because it is only 2.5 meters wide. Tyler's nearest
access to the public highway would be through the southern lot of Dylan.

May Dylan be legally required to afford to Tyler a right of way through his property? Explain
your answer. (4%)

VII.

Alice agreed to sell a parcel of land with an area of 500 square meters registered in her
name and covered by TCT No. 12345 in favor of Bernadette for the amount of ₱900,000.00.
Their agreement dated October 15, 2015 reads as follows:

I, Bernadette, agree to buy the lot owned by Alice covered by TCT No. 12345 for the amount
of ₱900,000.00 subject to the following schedule of payment:

Upon signing of agreement – ₱100,000.00

November 15, 2015 – ₱200,000.00

December 15, 2015 - ₱200,000.00

January 15, 2016 - ₱200,000.00

February 15, 2016 - ₱200,000.00

Title to the property shall be transferred upon full payment of ₱900,000.00 on or before
February 15, 2016.

After making the initial payment of ₱100,000.00 on October 15, 2015, and the second
instalment of ₱200,000.00 on November 15, 2015, Bernadette defaulted despite repeated
demands from Alice.

In December 2016, Bernadette offered to pay her balance but Alice refused and told her that
the land was no longer for sale. Due to the refusal, Bernadette caused the annotation of her
adverse claim upon TCT No. 12345 on December 19, 2016. Later on, Bernadette discovered
that Alice had sold the property to Chona on February 5, 2016, and that TCT No. 12345 had
been cancelled and another one issued (TCT No. 67891) in favor of Chona as the new
owner.

Bernadette sued Alice and Chona for specific performance, annulment of sale and
cancellation of TCT No. 67891. Bernadette insisted that she had entered into a contract of
sale with Alice; and that because Alice had engaged in double sale, TCT No. 67891 should
be cancelled and another title be issued in Bernadette's favor.

(a) Did Alice and Bernadette enter into a contract of sale of the lot covered by TCT No.
12345? Explain your answer. (4%)

(b)Did Alice engage in double sale of the property? Explain your answer. (4%)

VIII.

Pedro had worked for 15 years in Saudi Arabia when he finally decided to engage in farming
in his home province where his 10- hectare farmland valued at ₱2,000,000.00 was located.
He had already ₱3,000,000.00 savings from his long stint in Saudi Arabia.

Eagerly awaiting Pedro's arrival at the NAIA were his aging parents Modesto and Jacinta, his
common-law spouse Veneranda, their three children, and Alex, his child by Carol, his
departed legal wife. Sadly for all of them, Pedro suffered a stroke because of his
overexcitement just as the plane was about to land, and died without seeing any of them.

The farmland and the savings were all the properties he left.

(a) State who are Pedro's legal heirs, and the shares of each legal heir to the estate? Explain
your answer. (4%)

(b) Assuming that Pedro's will is discovered soon after his funeral. In the will, he disposed of
half of his estate in favor of Veneranda, and the other half in favor of his children and his
parents in equal shares. Assuming also that the will is admitted to probate by the proper
court. Are the testamentary dispositions valid and effective under the law on succession?
Explain your answer. (4%)

IX.
Danny and Elsa were married in 2002. In 2012, Elsa left the conjugal home and her two
minor children with Danny to live with her paramour. In 2015, Danny sold without Elsa's
consent a parcel of land registered in his name that he had purchased prior to the marriage.
Danny used the proceeds of the sale to pay for his children's tuition fees.

Is the sale valid, void or voidable? Explain your answer. (3%)

X.

Briefly explain whether the following contracts are valid, rescissible, unenforceable, or void:

(a) A contract of sale between Lana and Andy wherein 16-year old Lana agreed to sell her
grand piano for ₱5,000.-00. (2%)

(b) A contract of lease of the Philippine Sea entered by and between Mitoy and Elsa. (2%)

(c) A barter of toys executed by 12-year old Clarence and 10-year old Czar (2%)

(d) A sale entered by Barri and Garri, both minors, which their parents later ratified. (2%)

(e) Jenny's sale of her car to Celestine in order to evade attachment by Jenny's creditors.
(2%)

XI.

Zeny and Nolan were best friends for a long time already. Zeny borrowed ₱10,000.00 from
Nolan, evidenced by a promissory note whereby Zeny promised to pay the loan "once his
means permit." Two months later, they had a quarrel that broke their long-standing
friendship.

Nolan seeks your advice on how to collect from Zeny despite the tenor of the promissory
note. What will your advice be? Explain your answer. (3%)

XII.

Krystal owns a parcel of land covered by TCT No. 12345 in Angeles City. Due to severe
financial constraints, Krystal was forced to sell the property to RBP Corporation, a foreign
corporation based in South Korea. Subsequently, RBP Corporation sold the property to
Gloria, one of its most valued clients.
Wanting her property back, Krystal, learning of the transfer of the property from RBP
Corporation to Gloria, sued both of them in the Regional Trial Court (RTC) for annulment of
sale and for reconveyance. She alleged that the sale by RBP Corporation to Gloria was void
because RBP Corporation was a foreign corporation prohibited by the Constitution from
acquiring and owning lands in the Philippines.

Will Krystal's suit for annulment of sale and reconveyance prosper? Explain your answer.
(4%)

XIII.

TRUE or FALSE - Explain your answers.

(a) All rights are considered as property. (2%)

(b) A lessee cannot bring a case for quieting of title respecting the property that he leases.
(2%)

(c) Only the city or municipal mayor can file a civil action to abate a public nuisance. (2%)

(d) Possession of a movable property is lost when the location of the said movable is
unknown to the owner. (2%)

(e) Continuous non-apparent easements can be acquired either through title or by


prescription. (2%)

XIV.

Plutarco owned land that borders on a river. After several years, the action of the water of the
river caused the deposit of soil, and increased the area of Plutarco's property by 200 square
meters.

(a) If Plutarco wants to own the increase in area, what will be his legal basis for doing so?
Explain your answer. (2%)

(b) On the other hand, if the river dries up, may Plutarco validly claim a right of ownership of
the dried-up river bed? Explain your answer. (2%)

XV.
Kevin signed a loan agreement with ABC Bank. To secure payment, Kevin requested his
girlfriend Rosella to execute a document entitled "Continuing Guaranty Agreement" whereby
she expressly agreed to be solidarily liable for the obligation of Kevin.

Can ABC Bank proceed directly against Rosella upon Kevin's default even without
proceeding against Kevin first? Explain your answer. (3%)

XVI.

Jovencio operated a school bus to ferry his two sons and five of their schoolmates from their
houses to their school, and back. The parents of the five schoolmates paid for the service.
One morning, Porfirio, the driver, took a short cut on the way to school because he was
running late, and drove across an unmanned railway crossing. At the time, Porfirio was
wearing earphones because he loved to hear loud music while driving. As he crossed the
railway tracks, a speeding PNR train loudly blared its horn to warn Porfirio, but the latter did
not hear the horn because of the loud music. The train inevitably rammed into the school
bus. The strong impact of the collision between the school bus and the train resulted in the
instant death of one of the classmates of Jovencio's younger son.

The parents of the fatality sued Jovencio for damages based on culpa contractual alleging
that Jovencio was a common carrier; Porfirio for being negligent; and the PNR for damages
based on culpa aquiliana.

Jovencio denied being a common carrier. He insisted that he had exercised the diligence of a
good father of a family in supervising Porfirio, claiming that the latter had had no history of
negligence or recklessness before the fatal accident.

(a) Did his operation of the school bus service for a limited clientele render Jovencio a
common carrier? Explain your answer. (3%)

(b) In accordance with your answer to the preceding question, state the degree of diligence
to be observed by Jovencio, and the consequences thereof. Explain your answer. (3%)

(c) Assuming that the fatality was a minor of only 15 years of age who had no earning
capacity at the time of his death because he was still a student in high school, and the trial
court is minded to award indemnity, what may possibly be the legal and factual justifications
for the award of loss of earning capacity? Explain your answer. (4%)
-NOTHING FOLLOWS-
BAR EXAMINATION 2007

MERCANTILE LAW
16 September 2007 8:00 A.M. - 12 Noon
INSTRUCTIONS

This questionnaire consists of thirteen (13) numbers contained in six (6) pages. Read
each question very carefully. Answer legibly, clearly, and concisely. Start each
number on a separate page; an answer to a sub-question under the same number may
be written continuously on the same page and immediately succeeding pages until
completed. Do not repeat the question. A mere "Yes" or "No" answer without any
corresponding discussion will not be given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!
Signed ADOLFO S. AZCUNA

Chairperson

2007 Bar Examination Committee


PLEASE CHECK THE NUMBER OF PAGES IN THIS SET

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

MERCANTILE LAW

I.

(10%)

R issued a check for P1M which he used to pay S for killing his political enemy.

1. Can the check be considered a negotiable instrument?

2. Does S. have a cause of action against R in case of dishonor by the drawee


bank?

3. If S negotiated the check to T, who accepted it in good faith and for value, may
R be held secondarily liable by T?

Reason briefly in (a), (b) and (c).

II.

(10%)

Alex deposited goods for which Billy, warehouseman, issued a negotiable warehouse
receipt wherein the goods were deliverable to Alex or order. Alex negotiated the
receipt to Caloy. Thereafter, Dario, a creditor secured judgment against Alex and
served notice of levy over the goods on the warehouseman.

1. To whom should the warehouseman deliver the goods upon demand?

2. Would you answer be the same if the warehouseman issued a non-negotiable


warehouse receipt

III.

(5%)

Diana and Piolo are famous personalities in showbusiness who kept their love affair
secret. They use a special instant messaging service which allows them to see one
another's typing on their own screen as each letter key is pressed. When Greg, the
controller of the service facility, found out their identities, he kept a copy of all the
messages Diana and Piolo sent each other and published them. Is Greg liable for
copyright infringement? Reason briefly.

IV.

(10%)

Alfredo took out a policy to insure his commercial building against fire. The broker for
the insurance company agreed to give a 15-day credit within which to pay the
insurance premium. Upon delivery of the policy on May 15, 2006, Alfredo issued a
postdated check payable on May 30, 2006. On May 28, 2006, a fire broke out and
destroyed the building owned by Alfredo.

1. May Alfredo recover on the insurance policy?

2. Would your answer in (a) be the same if it was found that the proximate cause
of the fire was an explosion and that fire was but the immediate cause of loss
and there is no excepted peril under the policy?

3. If the fire was found to have been caused by Alfredo's own negligence, can he
still recover on the policy?

Reason briefly in (a), (b) and (c).

V.

(5%)

C contracted D to renovate his commercial building. D ordered construction materials


from E and received delivery thereof. The following day, C went to F Bank to apply for
a loan to pay the construction materials. As security for the loan, C was made to
execute a trust receipt. One year later, after C failed to pay the balance on the loan, F
Bank charged him with violation of the Trust Receipts Law.

1. What is a Trust Receipt?

2. Will the case against C prosper? Reason briefly.


VI.

(5%)

Discuss the trust fund doctrine

VII.

(10%)

In a stockholder's meeting, S dissented from the corporate act converting preferred


voting shares to non-voting shares. Thereafter, S submitted his certificates of stock
for notation that his shares are dissenting. The next day, S transferred his shares to T
to whom new certificates were issued. Now, T demands from the corporation the
payment of the value of his shares.

1. What is the meaning of a stockholder's appraisal right?

2. Can T exercise the right of appraisal? Reason briefly.

VIII.

(10%)

Due to growing financial difficulties, Z Bank was unable to finish construction of its
21-storey building on a prime lot located in Makati City. Inevitably, the Bangko Sentral
ordered the closure of Z Bank and consequently placed it under receivership. In a bid
to save the bank's property investment, the President of Z Bank entered into a
financing agreement with a group of investors for the completion of the construction
of the 21-storey building in exchange for a ten year lease and the exclusive option to
purchase the building.

1. Is the act of the President valid? Why or why not?

2. Will a suit to enforce the exclusive right of the investors to purchase the
property prosper? Reason briefly.

IX.

(5%)
On December 4, 2003, RED Corporation executed a real estate mortgage in favor of
BLUE Bank. RED Corporation defaulted in the payment of its loan. Consequently, on
June 4, 2004, BLUE Bank extrajudicially foreclosed the property. Being the highest
bidder in the auction sale conducted, the Bank was issued a Certificate of Sale which
was registered on August 4, 2004.

Does RED Corporation still have the right to redeem the property as of September 14,
2007? Reason briefly.

X.

(5%)

Name at least five (5) predicate crimes to money laundering.

XI.

(10%)

Two vessels figured in a collision along the Straits of Guimaras resulting in


considerable loss of cargo. The damaged vessels were safely conducted to the Port of
Iloilo. Passenger A failed to file a maritime protest. B. a non-passenger but a shipper
who suffered damage to his cargo, likewise did not file a maritime protest at all.

1. What is a maritime protest?

2. Can A and B successfully maintain an action to recover losses and damages


arising from the collision? Reason briefly.

XII.

(5%)

Seeking to streamline its operations and to bail out its losing ventures, the
stockholders of X Corporation unanimously adopted a proposal to sell substantially
all of the machineries and equipment used in and out its manufacturing business and
to sink the proceeds of the sale for the expansion of its cargo transport services.

1. Would the transaction be covered by the provisions of the Bulk Sales Law?

2. How would X Corporation effect a valid sale?


XIII.

(10%)

1. What are the preferred claims that shall be satisfied first from the assets of an
insolvent corporation?

2. How shall the remaining non-preferred creditors share in the estate of the
insolvent corporation above?

NOTHING FOLLOWS.
BAR EXAMINATION 2008
MERCANTILE LAW

21 September 20088:00 A.M. - 12 Noon

INSTRUCTIONS

This questionnaire consists of fourteen (19) numbers contained in nine (9) pages. Read each
question very carefully. Answer legibly, clearly and concisely. Start each number on a separate
page; an answer to a subquestion under the same number may be written continuously on the
same page and on the immediately succeeding pages until completed. Do not repeat the
question.

You will be given credit for your knowledge of legal doctrine and for the quality of your legal
reasoning. A mere "Yes" or "No" answer without any corresponding discussion will not be given
any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!

Signed DANTE O. TINGA


Chairperson
2008 Bar Examination Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET


WARNING: NOT FOR SALE OR UNAUTHORIZED USE

MERCANTILE LAW
I

X corporation entered into a contract with PT Contruction Corp. for the latter to construct and
build a sugar mill within six (6) months. They agreed that in case of delay, PT Construction
Corp. will pay X Corporation P100,000 for every day of delay. To ensure payment of the
agreed amount of damages, PT Construction Corp. secured from Atlantic Bank a confirmed
and irrevocable letter of credit which was accepted by X Corporation in due time. One week
before the expiration of the six (6) month period, PT Construction Corp. requested for an
extension of time to deliver claiming that the delay was due to the fault of X Corporation. A
controversy as to the cause of the delay which involved the workmanship of the building
ensued. The controversy remained unresolved. Despite the controversy, X Corporation
presented a claim against Atlantic Bank by executing a draft against the letter of credit.

a. Can Atlantic Bank refuse payment due to the unresolved controversy? Explain. (3%)

b. Can X Corporation claim directly from PT Construction Corp.? Explain. (3%)

II

Tom Cruz obtained a loan of P 1 Million from XYZ Bank to finance his purchase of 5,000 bags
of fertilizer. He executed a trust receipt in favor of XYZ Bank over the 5,000 bags of fertilizer.
Tom Cruz withdrew the 5,000 bags from the warehouse to be transported to Lucena City where
his store was located. On the way, armed robbers took from Tom Cruz the 5,000 bags of
fertilizer. Tom Cruz now claims that his obligation to pay the loan to XYZ Bank is extinguished
because the loss was not due to his fault. Is Tom Cruz correct? Explain. (4%)

III

a. As a rule under the Negotiable Instruments Law, a subsequent party may hold a prior
party liable but not vice-versa. Give two (2) instances where a prior party may hold a
subsequent party liable. (2%)

b. How does the "shelter principle" embodied in the Negotiable Instruments Law operate
to give the rights of a holder-in-due course to a holder who does not have the status of
a holder-in-due course? Briefly explain. (2%)

IV
AB Corporation drew a check for payment to XY Bank. The check was given to an officer of AB
Corporation who was instructed to deliver it to XY Bank. Instead, the officer, intending to
defraud the Corporation, filled up the check by making himself as the payee and delivered it to
XY Bank for deposit to his personal account. AB Corporation come to know of the officer's
fraudulent act after he absconded. AB Corporation asked XY Bank to recredits its amount. XY
Bank refused.

a. If you were the judge, what issues would you consider relevant to resolve the case?
Explain (3%)

b. How would you decide the case? Explain. (2%)

Pancho drew a check to Bong and Gerard jointly. Bong indorsed the check and also forged
Gerard's endorsement. The payor bank paid the check and charged Pancho's account for the
amount of the check. Gerard received nothing from the payment.

a. Pancho asked the payor bank to recredit his account. Should the bank comply? Explain
fully. (3%)

b. Based on the facts, was Pancho as drawerdischarged on the instrument? Why?(2%)

VI

On January 1, 2000, Antonio Rivera secured a life insurance from SOS Insurance Corp. for P1
Million with Gemma Rivera, his adopted daughter, as the beneficiary. Antonio Rivera died on
March 4, 2005 and in the police investigation, it was ascertained that Gemma Rivera
participated as an accessory in the killing of Antonio Rivera. Can SOS Insurance Corp. avoid
liability by setting up as a defense the participation of Gemma Rivera in the killing of Antonio
Rivera? Discuss with reasons. (4%)

VII

Terrazas de Patio Verde, a condominium building, has a value of P50 Million. The owner
insured the building against fire with three (3) insurance companies for the following amounts:

Northern Insurance Corp. - P20 Million


Southern Insurance Corp. - P30 Million

Eastern Insurance Corp. - P50 Million

a. Is the owner's taking of insurance for the building with three (3) insurers valid? Discuss.
(3%)

b. The building was totally razed by fire. If the owner decides to claim from Eastern
Insurance Corp. only P50 Million, will the claim prosper? Explain. (2%)

VIII

City Railways, Inc. (CRI) provides train services, for a fee, to commuters from Manila to
Calamba, Laguna. Commuters are required to purchase tickets and then proceed to
designated loading ang unloading facilities to board the train. Ricardo Santos purchased a
ticket for Calamba and entered the station. While waiting, he had an altercation with the
security guard of CRI leading to a fistfight. Ricardo Santos fell on the railway just as a train was
entering the station. Ricardo Santos was run over by the train. He died.

In the action for damages filed by the heirs of Ricardo Santos, CRI interposed lack of cause of
action, contending that the mishap occurred before Ricardo Santos boarded the train and that
it was not guilty of negligence. Decide.(5%)

IX

On October 30, 2007, M/V Pacific, a Philippine registered vessel owned by Cebu Shipping
Company (CSC), sank on her voyage from Hong Kong to Manila. Empire Assurance Company
(Empire) is the insurer of the lost cargoes loaded on board the vessel which were consigned to
Debenhams Company. After it indemnified Debenhams, Empire as subrogee filed an action for
damages against CSC.

a. Assume that the vessel was seaworthy. Before departing, the vessel was advised by
the Japanese Meteorological Center that it was safe to travel to its destination. But
while at sea, the vessel received a report of a typhoon moving within its general path.
To avoid the typhoon, the vessel changed its course. However, it was still at the fringe
of the typhoon when it was repeatedly hit by huge waves, foundered and eventually
sank. The captain and the crew were saved except three (3) who perished. Is CSC
liable to Empire? What principle of maritime law is applicable? Explain. (3%)

b. Assume the vessel was not seaworthy as in fact its hull had leaked, causing flooding in
the vessel. Will your answer be the same? Explain. (2%)

c. Assume the facts in question (b). Can the heirs of the three (3) crew members who
perished recover from CSC? Explain fully. (3%)

Nelson owned and controlled Sonnel Construction Company. Acting for the company, Nelson
contracted the construction of a building. Without first installing a protective net atop the
sidewalks adjoining the construction site, the company proceeded with the construction work.
One day a heavy piece of lumber fell from the building. It smashed a taxicab which at that time
had gone offroad and onto the sidewalk in order to avoid the traffic. The taxicab passenger
died as a result.

a. Assume that the company had no more account and property in its name. As counsel
for the heirs of the victim, whom will you sue for damages, and what theory will you
adopt? (3%)

b. If you were the counsel for Sonnel Construction, how would you defend your client?
What would be your theory? (2%)

c. Could the heirs hold the taxicab owner and driver liable? Explain. (2%)

XI

a. Since February 8, 1935, the legislature has not passed even a single law creating a
private corporation. What provision of the Constitution precludes the passage of such a
law? (3%)

b. May the composition of the board of directors of the National Power Corporation (NPC)
be validly reduced to three (3)? explain your answer fully. (2%)

XII

Pedro owns 70% of the subscribed capital stock of a company which owns an office building.
Paolo and Juan own the remaining stock equally between them. Paolo also owns a security
agency, a janitorial company and a catering business. In behalf of the office building company,
Paolo engaged his companies to render their services to the office building. Are the service
contracts valid? Explain. (4%)

XIII

Grand Gas Corporation, a publicity listed company, discover after extensive drilling a rich
deposit of natural gas along the coast of Antique. For five (5) months, the company did not
disclose the discovery so that it could quitely and cheaply acquire neighboring land and secure
mining information to the Securities and Exchange Commission, all the directors and key
officer of the company bought shares went up. The directors and officer sold their shares at
huge profits.

a. What provision of the Securities Regulation Code (SRC) did they violate, if any?
Explain. (4%)

b. Assuming that the employees of the establishment handling the printing work of Grand
Gas Corporation saw the exploration reports which were mistakenly sent to their
establishment together with other materials to be printed. They too bought shares in the
company at low prices and later sold them at huge profits. Will they be liable for
violation of the SRC? Why? (3%)

XIV

Ace Cruz subscribed to 100,000 shares of stock of JP Development Corporation, which has a
par value of P1 per share. He paid P25,000 and promised to pay the balance before December
31, 2008. JP Development Corporation declared a cash dividend on October 15, 2008, payable
on December 1, 2008.

a. For how many shares is Ace Cruz entitled to be paid cash dividends? Explain. (2%)

b. On December 1, 2008, can Ace Cruz compel JP Development Corporation to issue to


him the stock certificate corresponding to the P25,000 paid by him? (2%)

XV

Eloise, an accomplished writer, was hired by Petong to write a bimonthly newspaper column for
Diario de Manila, a newly-established newspaper of which Petong was the editor-in-chief.
Eloise was to be paid P1,000 for each column that was published. In the course of two months,
Eloise submitted three columns which, after some slight editing, were printed in the newspaper.
However, Diario de Manila proved unprofitable and closed only after two months. Due to the
minimal amounts involved, eloise chose not to pursue any claim for payment from the
newspaper, which was owned by New Media Enterprises.

Three years later, Eloise was planning to publish an anthology of her works, and wanted to
include the three columns that appeared in the Diario de Manila in her anthology. She asks for
your legal advice:

a. Does Eloise have to secure authorization from New Media Enterprises to be able to
publish her Diario de Manila columns in her own anthology? Explain fully. (4%)

b. Assume that New Media Enterprises plans to publish Eloise's columns in its own
anthology entitled, "The Best of Diaro de Manila:. Eloise wants to prevent the
publication of her columns in that anthology since she was never paid by the
newspaper. Name one irrefutable legal arguments Eloise could cite to enjoin New
Media Enterprises from including her columns in its anthology. (2%)

XVI

In 1999, Mocha Warm, an American musician, had a hit rap single called Warm Warm Honey
which he himself composed and performed. The single was produced by a California record
company, Galactic Records. Many noticed that some passages from Warm Warm Honey
sounded eerily similar to parts Unde Hassle, a 1978 hit song by the British rock band Majesty.
A copyright infringement suit was filed in the United States against Mocha Warm by Majesty. It
was later settled out of court, with Majesty receiving attribution as co-author of Warm Warm
Honey as well as a share in the royalties.

By 2002, Mocha Warm was nearing bankruptcy and he sold his economic rights over Warm
Warm Honey to Galactic Records for $10,000

In 2008, Planet Films a Filipino movie producing company, commissioned DJ Chef Jean, a
Filipino musician, to produce an original re-mix of Warm Warm Honey for use in one of its
latest films, Astig!. DJ Chef Jean remixed Warm Warm Honey with salsa beat and interspersed
as well a recital of a poetic stanza by John Blake, a 17th century Scottish poet. DJ Chef Jean
died shortly after submitting the remixed Warm Warm Honey to Planet Films.
Prior to the release of Astig!, Mocha Warm learns of the remixed Warm Warm Honey and
demands that he be publicity identified as the author of the remixed song in all the CD covers
and publicity releases of Planet Films.

a. Who are the parties or entities entitled to be credited as author of the remixed Warm
Warm Honey? Reason out your answer. (3%)

b. Who are the particular parties or entities who exercise copyright over the remixed Warm
Warm Honey? Explain. (3%)

XVII

On January 1, 2008, Al obtained a loan of P10,000 from Bob to be paid on January 30,2008,
secured by a chattel mortgage on a Toyota motor car. On February 1, 2008, Al obtained
another loan of P10,000 from Bob to be paid on February 15, 2008. he secured this by
executing a chattel mortgage on a Honda motorcycle. On the due date of the first loan Al failed
to pay. Bob foreclosed the chattel mortgage but the car was bidded for P6,000 only. Al also
failed to pay the second loan due on February 15, 2008. Bob filed an action for collection of
sum money. Al filed a motion to dismiss claiming that Bob should first cforeclosed the
mortgage on the Honda motorcycle before he can file the action for sum of money. Decide with
reasons. (4%)

XVIII

a. Can a distressed corporation file a petition for corporate rehabilitation after the
dismissal of its earlier petition for insolvency? Why? (2%)

b. Can the corporation file a petition for rehabilitation first, and after it is dismissed file a
petition for insolvency? Why? (2%)

c. Explain the key phrase "equality is equity" in corporate rehabilitation proceedings. (2%)

XIX

Industry Bank, which has a net worth of P1 Billion, extended a loan to Celestial Properties Inc.
amounting to P270 Million. The loan was secured by a mortgage over a vast commercial lot in
the Fort Bonifacio Global City, appraised at P350 Million. After audit, the Bangko Sentral ng
Pilipinas gave notice that the loan to Celestial Properties exceeded the single borrower's limit
of 25% of the bank's net worth under a recent BSP Circular. In light of other previous similar
violations of the credit limit requirement, the BSP advised Industry Bank to reduce the amount
of the loan to Celestial Properties under pain of severe sanctions. When Industry Bank
informed Celestial Properties that it intended to reduce the loan by P50 Million, Celestial
Properties countered that the bank should first release a part of the collateral worth P50 Million.
Industry Bank rejected the counter-proposal, and reffered the matter to you as counsel. How
would you advise Industry Bank to proceed, with its best interest in mind? (5%)

NOTHING FOLLOWS.

BAR EXAMINATION 2009


MERCHANTILE LAW

20 September 2009 8 A.M. - 12 NN.

INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with ten (10) questions (numbered I to X),
contained in six (6) pages; and Part II with ten (10) questions (numbered XI-XX), contained in
seven (7) pages, for a total number of thirteen (13) pages.

Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.

Begin your answer to each numbered question on a separate page; an answer to a


subquestion under the same number may be written continuously on the same page and
succeeding pages until completed.

Answer the questions directly and concisely. Do not repeat the questions. Write legibly.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.

GOOD LUCK!

_____________________________________
ANTONIO EDUARDO B. NACHURA
CHAIRPERSON
2009 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS FOURTEEN (14) PAGES (INCLUDING THIS
PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

MERCHANTILE LAW

PART I

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences. (5%)

a. The Denicola Test in intellectual property law states that if design elements of an
article reflect a merger of aesthetic and functional considerations, the artistic aspects
of the work cannot be conceptually separable from the utilitarian aspects; thus, the
article cannot be copyrighted.

b. If the Ombudsman is convinced that there is a violation of law after investigating a


complaint alleging illicit bank deposits of a public officer, the Ombudsman may order
the bank concerned to allow in camera inspection of bank records and documents.

c. Even if the seller and the buyer in a sale in bulk violate the Bulk Sales Law, the sale
would still be valid.

d. Dividends on shares of stocks can only be declared out of unrestricted retained


earnings of the corporation.

e. A bank under receivership can still grant new loans and accept new deposits.

II
Atlantis Realty Corporation (ARC), a local firm engaged in real estate development, plans to
sell one of its prime assets --- a three-hectare land valued at about P100-million. For this
purpose, the board of directors of ARC unanimously passed a resolution approving the sale of
the property for P75-million to Shangrila Real Estate Ventures (SREV), a rival realty firm. The
resolution also called for a special stockholders meeting at which the proposed sale would be
up for ratification.

Atty. Edric, a stockholder who owns only one (1) share in ARC, wants to stop the sale. He
then commences a derivative suit for and in behalf of the corporation, to enjoin the board of
directors and the stockholders from approving the sale.

a. Can Atty. Edric, who owns only one (1) share in the company, initiate a derivative suit?
Why or why not? (2%)

b. If such a suit is commenced, would it constitute an intra-corporate dispute? If so, why


and where would such a suit be filed? If not, why not? (2%)

c. Will the suit prosper? Why or why not? (3%)

III

Armando, a resident of Manila, borrowed P3-million from Bernardo, offering as security his
500 shares of stock worth P1.5-million in Xerxes Corporation, and his 2007 BMW sedan,
valued at P2-million. The mortgage on the shares of stock was registered in the Office of the
Register of Deeds of Makati City where Xerxes Corporation has its principal office. The
mortgage on the car was registered in the Office of the Register of Deeds of Manila. Armando
executed a single Affidavit of Good Faith, covering both mortgages.

Armando defaulted on the payment of his obligation; thus, Bernardo foreclosed on the two
chattel mortgages. Armando filed suit to nullify the foreclosure and the mortgages, raising the
following issues:

a. The execution of only one Affidavit of Good Faith for both mortgages invalidated the
two mortgages; (2%) and

b. The mortgage on the shares of stocks should have been registered in the Office of the
Register of Deeds of Manila where he resides, as well as in the stock and transfer
book of Xerxes Corporation. (3%)
Rule on the foregoing issues with reasons.

c. Assume that Bernardo extrajudicially foreclosed on the mortgages, and both the car
and the shares of stock were sold at public auction. If the proceeds from such public
sale should be P1-million short of Armando’s total obligation, can Bernardo recover the
deficiency? Why or why not? (2%)

IV

Antarctica Life Assurance Corporation (ALAC) publicly offered a specially designed insurance
policy covering persons between the ages of 50 to 75 who may be afflicted with serious and
debilitating illnesses. Quirico applied for insurance coverage, stating that he was already 80
years old. Nonetheless, ALAC approved his application.

Quirico then requested ALAC for the issuance of a cover note while he was trying to raise
funds to pay the insurance premium. ALAC granted the request. Ten days after he received
the cover note, Quirico had a heart seizure and had to be hospitalized. He then filed a claim
on the policy.

a. Can ALAC validly deny the claim on the ground that the insurance coverage, as
publicly offered, was available only to persons 50 to 75 years of age? Why or why not?
(2%)

b. Did ALAC’s issuance of a cover note result in the perfection of an insurance contract
between Quirico and ALAC? Explain. (3%)

Cecilio is planning to put up a grocery store in the subdivision where he and his family reside.
To promote this proposed business venture, he told his wife and three children to send out
promotional text messages to all the residents in the subdivision. Cecilio’s family members did
as instructed, and succeeded in reaching, through text messages, more than 80% of the
residents in the subdivision.

Is Cecilio habitually engaged in commerce even if the grocery store has yet to be established?
Explain your answer. (3%)

VI
Lorenzo drew a bill of exchange in the amount of P100,000.00 payable to Barbara or order,
with his wife, Diana, as drawee. At the time the bill was drawn, Diana was unaware that
Barbara is Lorenzo’s paramour.

Barbara then negotiated the bill to her sister, Elena, who paid for it for value, and who did not
know who Lorenzo was. On due date, Elena presented the bill to Diana for payment, but the
latter promptly dishonored the instrument because, by then, Diana had already learned of her
husband’s dalliance.

a. Was the bill lawfully dishonored by Diana? Explain. (3%)

b. Does the illicit cause or consideration adversely affect the negotiability of the bill?
Explain. (3%)

VII

Global Transport Services, Inc. (GTSI) operates a fleet of cargo vessels plying interisland
routes. One of its vessels, MV Dona Juana, left the port of Manila for Cebu laden with, among
other goods, 10,000 television sets consigned to Romualdo, a TV retailer in Cebu.

When the vessel was about ten nautical miles away from Manila, the ship captain heard on
the radio that a typhoon which, as announced by PAG-ASA, was on its way out of the country,
had suddenly veered back into Philippine territory. The captain realized that MV Dona Juana
would traverse the storm’s path, but decided to proceed with the voyage. True enough, the
vessel sailed into the storm. The captain ordered the jettison of the 10,000 television sets,
along with some other cargo, in order to lighten the vessel and make it easier to steer the
vessel out of the path of the typhoon. Eventually, the vessel, with its crew intact, arrived safely
in Cebu.

a. Will you characterize the jettison of Romualdo’s TV sets as an average? If so, what
kind of an average, and why? If not, why not? (3%)

b. Against whom does Romualdo have a cause of action for indemnity of his lost TV
sets? Explain. (3%)

VIII

Maharlikang Pilipino Banking Corporation (MPBC) operates several branches of Maharlikang


Pilipino Rural Bank in Eastern Visayas. Almost all the branch managers are close relatives of
the members of the Board of Directors of the corporation. Many undeserving relatives of the
branch managers were granted loans. In time, the branches could not settle their obligations
to depositors and creditors.

Receiving reports of these irregularities, the Supervising and Examining Department (SED) of
the Monetary Board prepared a detailed report (SED Report) specifying the facts and the
chronology of events relative to the problems that beset MPBC rural bank branches. The
report concluded that the bank branches were unable to pay their liabilities as they fell due,
and could not possibly continue in business without incurring substantial losses to its
depositors and creditors.

a. May the Monetary Board order the closure of the MPBC rural banks relying only on the
SED Report, without need of an examination? Explain. (3%)

b. If MPBC hires you as lawyer because the Monetary Board has forbidden it from
carrying on its business due to its imminent insolvency, what action will you institute to
question the Monetary Board’s order? Explain. (3%)

IX

When is there an ultra vires act on the part of [a] the corporation; [b] the board of directors;
and [c] the corporate officers. (3%)

What are the so-called exempt securities under the Securities Regulation Code? (2%)

PART II

XI

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences. (5%)

a. A loan agreement which provides that the debtor shall pay interest at the rate
determined by the bank’s branch manager violates the disclosure requirement of the
Truth in Lending Act.
b. Under the Warehouse Receipts Law, a warehouseman loses his lien upon the goods
when he surrenders possession thereof.

c. The Howey Test states that there is an investment contract when a person invests
money in a common enterprise and is led to expect profits primarily from the efforts of
others.

d. A document, dated July 15, 2009, that reads: "Pay to X or order the sum of P5,000.00
five days after his pet dog, Sparky, dies. Signed Y." is a negotiable instrument.

e. "A bank is bound to know its depositor’s signature" is an inflexible rule in determining
the liability of a bank in forgery cases.

XII

Gaudencio, a store owner, obtained a P1-million loan from Bathala Financing Corporation
(BFC). As security, Gaudencio executed a "Deed of Assignment of Receivables," assigning 15
checks received from various customers who bought merchandise from his store. The checks
were duly indorsed by Gaudencio’s customers.

The Deed of Assignment contains the following stipulation:

"If, for any reason, the receivables or any part thereof cannot be paid by the obligors, the
ASSIGNOR unconditionally and irrevocably agrees to pay the same, assuming the liability to
pay, by way of penalty, three percent (3%) of the total amount unpaid, for the period of delay
until the same is fully paid."

When the checks became due, BFC deposited them for collection, but the drawee banks
dishonored all the checks for one of the following reasons: "account closed," "payment
stopped," "account under garnishment," or "insufficiency of funds." BFC wrote Gaudencio
notifying him of the dishonored checks, and demanding payment of the loan. Because
Gaudencio did not pay, BFC filed a collection suit.

In his defense, Gaudencio contended that [a] BFC did not give timely notice of dishonor (of
the checks); and [b] considering that the checks were duly indorsed, BFC should proceed
against the drawers and the indorsers of the checks.

Are Gaudencio’s defenses tenable? Explain. (5%)


XIII

Ciriaco leased a commercial apartment from Supreme Building Corporation (SBC). One of the
provisions of the one-year lease contract states:

"18. x x x The LESSEE shall not insure against fire the chattels, merchandise, textiles, goods
and effects placed at any stall or store or space in the leased premises without first obtaining
the written consent of the LESSOR. If the LESSEE obtains fire insurance coverage without
the consent of the LESSOR, the insurance policy is deemed assigned and transferred to the
LESSOR for the latter’s benefit."

Notwithstanding the stipulation in the contract, without the consent of SBC, Ciriaco insured the
merchandise inside the leased premises against loss by fire in the amount of P500,000.00
with First United Insurance Corporation (FUIC).

A day before the lease contract expired, fire broke out inside the leased premises, damaging
Ciriaco’s merchandise. Having learned of the insurance earlier procured by Ciriaco, SBC
demanded from FUIC that the proceeds of the insurance policy be paid directly to it, as
provided in the lease contract.

Who is legally entitled to receive the insurance proceeds? Explain. (4%)

XIV

XXX Corporation (XXX) and its sister company, YYY Corporation (YYY), are both under
judicial receivership. The receiver has the option to sell all or substantially all of the properties
of YYY to XXX, or simply merge the two corporations. Under either option, the requirements
under the Corporation Code have to be complied with.

The receiver seeks your advice on whether the Bulk Sales Law will apply to either, or both,
options. What will your advice be? Explain. (4%)

XV

After disposing of his last opponent in only two rounds in Las Vegas, the renowned Filipino
boxer Sonny Bachao arrived at the Ninoy Aquino International Airport met by thousands of
hero-worshipping fans and hundreds of media photographers. The following day, a colored
photograph of Sonny wearing a black polo shirt embroidered with the 2-inch Lacoste crocodile
logo appeared on the front page of every Philippine newspaper.
Lacoste International, the French firm that manufactures Lacoste apparel and owns the
Lacoste trademark, decided to cash in on the universal popularity of the boxing icon. It
reprinted the photographs, with the permission of the newspaper publishers, and went on a
world-wide blitz of print commercials in which Sonny is shown wearing a Lacoste shirt
alongside the phrase "Sonny Bachao just loves Lacoste."

When Sonny sees the Lacoste advertisements, he hires you as lawyer and asks you to sue
Lacoste International before a Philippine court:

a. For trademark infringement in the Philippines because Lacoste International used his
image without his permission; (2%)

b. For copyright infringement because of the unauthorized use of the published


photographs; (2%) and

c. For injunction in order to stop Lacoste International from featuring him in their
commercials. (2%)

Will these actions prosper? Explain.

d. Can Lacoste International validly invoke the defense that it is not a Philippine company
and, therefore, Philippine courts have no jurisdiction? Explain. (2%)

XVI

On September 15, 2007, XYZ Corporation issued to Paterno 800 preferred shares with the
following terms:

"The Preferred Shares shall have the following rights, preferences, qualifications, and
limitations, to wit:

1. The right to receive a quarterly dividend of One Per Centum (1%), cumulative and
participating;

2. These shares may be redeemed, by drawing of lots, at any time after two (2) years
from date of issue, at the option of the Corporation; x x x."

Today, Paterno sues XYZ Corporation for specific performance, for the payment of dividends
on, and to compel the redemption of, the preferred shares, under the terms and conditions
provided in the stock certificates. Will the suit prosper? Explain. (3%)
XVII

Philippine Palaces Realty (PPR) had been representing itself as a registered broker of
securities, duly authorized by the Securities and Exchange Commission (SEC). On October 6,
1996, PPR sold to spouses Leon and Carina one (1) timeshare of Palacio del Boracay for
US$7,500.00. However, its Registration Statement became effective only on February 11,
1998 after the SEC issued a resolution declaring that PPR was authorized to sell securities,
including timeshares.

On March 30, 1998, Leon and Carina wrote PPR rescinding their purchase agreement and
demanding the refund of the amount they paid, because the Palacio del Boracay timeshare
was sold to them by PPR without the requisite license or authority from the SEC. PPR
contended that the grant of the SEC authority had the effect of ratifying the purchase
agreement (with Leon and Carina) of October 6, 1996.

Is the contention of PPR correct? Explain. (3%)

XVIII

Triple A Corporation (Triple A) was incorporated in 1960, with 500 founders’ shares and 78
common shares as its initial capital stock subscription. However, Triple A registered its stock
and transfer book only in 1978, and recorded merely 33 common shares as the corporation’s
issued and outstanding shares.

a. In 1982, Juancho, the sole heir of one of the original incorporators filed a petition with
the Securities and Exchange Commission (SEC) for the registration of his property
rights over 120 founders’ shares and 12 common shares. The petition was supported
by a copy of the Articles of Incorporation indicating the incorporators’ initial capital
stock subscription. Will the petition be granted? Why or why not? (3%)

b. On May 6, 1992, a special stockholders’ meeting was held. At this meeting, what
would have constituted a quorum? Explain. (3%)

c. What is a stock and transfer book? (1%)

XIX

One of the passenger buses owned by Continental Transit Corporation (CTC), plying its usual
route, figured in a collision with another bus owned by Universal Transport, Inc. (UTI). Among
those injured inside the CTC bus were: Romeo, a stow away; Samuel, a pickpocket then in
the act of robbing his seatmate when the collision occurred; Teresita, the bus driver’s mistress
who usually accompanied the driver on his trips for free; and Uriel, holder of a free riding pass
he won in a raffle held by CTC.

a. Will a suit for breach of contract of carriage filed by Romeo, Samuel, Teresita, and
Uriel against CTC prosper? Explain. (3%)

b. Do Romeo, Samuel, Teresita, and Uriel have a cause of action for damages against
UTI? Explain. (3%)

c. What, if any, are the valid defenses that CTC and UTI can raise in the respective
actions against them? Explain. (3%)

XX

Under the Securities Regulation Code, what is the Margin Trading Rule? (2%)

-NOTHING FOLLOWS-

MERCANTILE LAW

12 September 2010 8 A.M. – 12 NN.

INSTRUCTIONS

There is only one Examiner in Mercantile Law. Hence, the following questionnaire consists of
only ONE PART with nineteen (19) questions (numbered I to XIX) contained in eleven (11)
pages.

Begin your answer to each numbered question on a separate page; an answer to a sub-
question/s under the same number may be written continuously on the same page and
succeeding pages until completed.

Answer the questions directly and concisely. Do not repeat the question. Write legibly.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE


GOOD LUCK!!!

_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS
PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

MERCANTILE LAW

Briefly describe the following types of banks: (2% each)

a. universal bank

b. commercial bank

c. thrift bank

d. rural bank

e. cooperative bank

II

a. How do you characterize the legal relationship between a commercial bank and its
safety deposit box client? (2%)

b. Is a stipulation in the contract for the use of a safety deposit box relieving the bank of
liability in connection with the use thereof valid? (2%)

c. Differentiate "bank deposits" from "deposit substitutes." (2%)


d. Why are banks required to maintain reserves against their deposits and deposit
substitutes? State one of three purposes for these reserves. (2%)

III

Ozamis Paper Corporation secured loans from ABC Universal Bank in the aggregate principal
amount of P100 million, evidenced by several promissory notes, and secured by a continuing
guaranty of its principal stockholder Menandro at P45 million; and a real estate mortgage over
certain parcels of land owned by Marquez.

The corporation defaulted and the bank extra-judicially foreclosed on the real estate
mortgage. The bank, which was the sole bidder for P75 million, won the award.

a. Can the bank sue Marquez for the deficiency of P25 million? Explain. (2%)

b. If the bank opts to file an action for collection against the corporation, can it afterwards
institute a real action to foreclose the mortgage? Explain. (2%)

c. Can the bank foreclose on the pledged shares of Marquez and recover the deficiency
from the corporation? Explain. (2%)

IV

Andante Realty, a marketing company that promotes and facilitates sales of real property
through leverage marketing, solicits investors who are required to be a Business Center
Owner (BCO) by paying an enrollment fee of $250. The BCO is then entitled to recruit two
other investors who pay $250 each. The BCO receives $90 from the $250 paid by each of his
recruits and is credited a certain amount for payments made by investors through the initial
efforts of his Business Center. Once the accumulated amount reaches $5,000, the same is
used as down payment for the real property chosen by the BCO.

a. Does this multi-level marketing scheme constitute an "investment contract" under the
Securities Regulation Code? Define an "investment contract." (2%)

b. What procedure must be followed under the Securities Regulation Code to authorize
the sale or offer for sale or distribution of an investment contract? (2%)

c. What are the legal consequences of failure to follow this procedure? (2%)

V
Venezia is a famous international fashion chain with outlets in Makati, Ortigas, and Manila. It
has complied with the minimum capitalization required under the Retail Trade Nationalization
Act and carries on retail business worth more than $3 million for each of its outlets. As its
Manila outlet is not doing very well, it decides to sell all of its business there consisting of
remaining inventory, furniture and fixtures and other assets to its competitor.

a. Venezia’s Manila outlet constitutes one-third (1/3) of its total business. Should it
comply with the requirements of the Bulk Sales Law? Why or why not? (2%)

b. If instead of selling its Manila outlet, Venezia merely mortgages its assets there, would
it need to comply with the requirements of the Bulk Sales Law? (2%)

c. What are the legal consequences of a failure to comply with the requirements of the
Bulk Sales Law? (2%)

VI

a. What contractual stipulations are required in all technology transfer agreements? (2%)

b. Enumerate three (3) stipulations that are prohibited in technology transfer agreements.
(3%)

c. Can an article of commerce serve as a trademark and at the same time enjoy patent
and copyright protection? Explain and give an example. (2%)

VII

Union Mines, Inc. has total assets of P60 million with 210 stockholders holding at least 100
shares each.

The company has two principal stockholders, ABC which owns 60% of the shares of stock,
and XYZ which owns 17%.

ABC in turn is owned to the extent of 21.31% by Acme, Inc.; 29.69% by Golden Boy, Inc.; 9%
by XYZ; and the rest by individual stockholders.

None of the parties is a publicly-listed company.

XYZ now proposes to buy Acme’s and Golden Boy’s shares in ABC, which would give it direct
control of ABC and indirect control of Union Mines.
Is the proposed acquisition by XYZ subject to the mandatory tender offer rule? Why or why
not? What is a tender offer and when is it mandatory? (5%)

VIII

Marlon deposited with LYRIC Bank a money market placement of P1 million for a term of 31
days. On maturity date, one claiming to be Marlon called up the LYRIC Bank account officer
and instructed him to give the manager’s check representing the proceeds of the money
market placement to Marlon’s girlfriend Ingrid.

The check, which bore the forged signature of Marlon, was deposited in Ingrid’s account with
YAMAHA Bank. YAMAHA Bank stamped a guaranty on the check reading: "All prior
endorsements and/or lack of endorsement guaranteed."

Upon presentment of the check, LYRIC Bank funds the check. Days later, Marlon goes to
LYRIC Bank to collect his money market placement and discovers the foregoing transactions.

Marlon thereupon sues LYRIC Bank which in turn files a third-party complaint against
YAMAHA Bank. Discuss the respective rights and liabilities of the two banks. (5%)

IX

Your client Dianne approaches you for legal advice on putting up a medium-sized restaurant
business that will specialize in a novel type of cuisine. As Dianne feels that the business is a
little risky, she wonders whether she should use a corporation as the business vehicle, or just
run it as a single proprietorship. She already has an existing corporation that is producing
meat products profitably and is also considering the alternative of simply setting up the
restaurant as a branch office of the existing corporation.

a. Briefly explain to your client what you see as the legal advantages and disadvantages
of using a separate corporation, a single proprietorship, or a branch of an existing
corporation for the proposed restaurant business. (3%)

b. If you advise your client to use a corporation, what officer positions must the
corporation at least have? (2%)

c. What particular qualifications, if any, are these officers legally required to possess
under the Corporation Code? (2%)
X

To secure a loan of P10 million, Mario mortgaged his building to Armando. In accordance with
the loan arrangements, Mario had the building insured with First Insurance Company for P10
million, designating Armando as the beneficiary.

Armando also took an insurance on the building upon his own interest with Second Insurance
Company for P5 million.

The building was totally destroyed by fire, a peril insured against under both insurance
policies. It was subsequently determined that the fire had been intentionally started by Mario
and that in violation of the loan agreement, he had been storing inflammable materials in the
building.

a. How much, if any, can Armando recover from either or both insurance companies?
(2%)

b. What happens to the P10 million debt of Mario to Armando? Explain. (3%)

XI

Enrique obtained from Seguro Insurance Company a comprehensive motor vehicle insurance
to cover his top of the line Aston Martin. The policy was issued on March 31, 2010 and, on
even date, Enrique paid the premium with a personal check postdated April 6, 2010.

On April 5, 2010, the car was involved in an accident that resulted in its total loss.

On April 10, 2010, the drawee bank returned Enrique’s check with the notation "Insufficient
Funds." Upon notification, Enrique immediately deposited additional funds with the bank and
asked the insurer to redeposit the check.

Enrique thereupon claimed indemnity from the insurer. Is the insurer liable under the
insurance coverage? Why or why not? (3%)

XII

AA entered into a contract with BB for the latter to transport ladies wear from Manila to France
with transhipment via Taiwan. Somehow the goods were not loaded in Taiwan on time, hence,
these arrived in France "off-season." AA was only paid for onehalf (1/2) the value by the
buyer.
AA claimed damages from BB. BB invoked prescription as a defense under the Carriage of
Goods by Sea Act. Considering the "loss of value" of the ladies wear as claimed by AA, is
BB’s defense tenable? Explain. (3%)

XIII

Paolo, the owner of an ocean-going vessel, offered to transport the logs of Constantino from
Manila to Nagoya. Constantino accepted the offer, not knowing that the vessel was manned
by an irresponsible crew with deep-seated resentments against Paolo, their employer.

Constantino insured the cargo of logs against both perils of the sea and barratry. The logs
were improperly loaded on one side, thereby causing the vessel to tilt on one side. On the way
to Nagoya, the crew unbolted the sea valves of the vessel causing water to flood the ship
hold. The vessel sank.

Constantino tried to collect from the insurance company which denied liability, given the
unworthiness of both the vessel and its crew.

Constantino countered that he was not the owner of the vessel and he could therefore not be
responsible for conditions about which he was innocent.

a. Is the insurance company liable? Why or why not? (3%)

b. What is "barratry" in marine insurance? (2%)

XIV

When OCCIDENTAL Bank folded up due to insolvency, Manuel had the following separate
deposits in his name: P200,000 in savings deposit; P250,000 in time deposit; P50,000 in a
current account; P1 million in a trust account; and P3 million in money market placement.
Under the Philippine Deposit Insurance Corporation Act, how much could Manuel recover?
Explain. (2%)

XV

While vacationing in Boracay, Valentino surreptitiously took photographs of his girlfriend


Monaliza in her skimpy bikini. Two weeks later, her photographs appeared in the Internet and
in a national celebrity magazine.
Monaliza found out that Valentino had sold the photographs to the magazine and, adding
insult to injury, uploaded them to his personal blog on the Internet.

a. Monaliza filed a complaint against Valentino for damages based on, among other
grounds, violation of her intellectual property rights. Does she have any cause of
action? Explain. (2%)

b. Valentino’s friend Francesco stole the photographs and duplicated them and sold them
to a magazine publication. Valentino sued Francesco for infringement and damages.
Does Valentino have any cause of action? Explain. (2%)

c. Does Monaliza have any cause of action against Francesco? Explain. (2%)

XVI

An importer of Christmas toys loaded 100 boxes of Santa Claus talking dolls aboard a ship in
Korea bound for Manila. With the intention of smuggling one-half of his cargo, he took a bill of
lading for only 50 boxes. On the voyage to Manila, 50 boxes were jettisoned to save the more
precious cargo.

a. Is the importer entitled to receive any indemnity for average? Explain. (2%)

b. What are the types of averages in marine commerce? (3%)

XVII

The Supreme Court has held that fraud is an exception to the "independence principle"
governing letters of credit. Explain this principle and give an example of how fraud can be an
exception. (3%)

XVIII

For years, Y has been engaged in the parallel importation of famous brands, including shoes
carrying the foreign brand MAGIC. Exclusive distributor X demands that Y cease importation
because of his appointment as exclusive distributor of MAGIC shoes in the Philippines.

Y counters that the trademark MAGIC is not registered with the Intellectual Property Office as
a trademark and therefore no one has the right to prevent its parallel importation.

a. Who is correct? Why? (2%)


b. Suppose the shoes are covered by a Philippine patent issued to the brand owner, what
would your answer be? Explain. (2%)

XIX

Dr. Nobel discovered a new method of treating Alzheimer’s involving a special method of
diagnosing the disease, treating it with a new medicine that has been discovered after long
experimentation and field testing, and novel mental isometric exercises. He comes to you for
advice on how he can have his discoveries protected.

Can he legally protect his new method of diagnosis, the new medicine, and the new method of
treatment? If no, why? If yes, how? (4%)

NOTHING FOLLOWS.

Bar Examination Questionnaire for Commercial Law


Set A

(1) P rode a Sentinel Liner bus going to Baguio from Manila. At a stop-over in Tarlac, the bus
driver, the conductor, and the passengers disembarked for lunch. P decided, however, to
remain in the bus, the door of which was not locked. At this point, V, a vendor, sneaked into the
bus and offered P some refreshments. When P rudely declined, V attacked him, resulting in P
suffering from bruises and contusions. Does he have cause to sue Sentinel Liner?

(A) Yes, since the carrier's crew did nothing to protect a passenger who remained in the bus
during the stop-over.

(B) No, since the carrier's crew could not have foreseen the attack.

(C) Yes, since the bus is liable for anything that goes wrong in the course of a trip.

(D) No, since the attack on P took place when the bus was at a stop-over.

(2) A cargo ship of X Shipping, Co. ran aground off the coast of Cebu during a storm and lost
all its cargo amounting to Php50 Million. The ship itself suffered damages estimated at Php80
Million. The cargo owners filed a suit against X Shipping but it invoked the doctrine of limited
liability since its vessel suffered an Php80 Million damage, more than the collective value of all
lost cargo. Is X Shipping correct?

(A) Yes, since under that doctrine, the value of the lost cargo and the damage to the ship can
be set-off.

(B) No, since each cargo owner has a separate and individual claim for damages.

(C) Yes, since the extent of the ship’s damage was greater than that of the value of the lost
cargo.

(D) No, since X Shipping neither incurred a total loss nor abandoned its ship.

(3) A writes a promissory note in favor of his creditor, B. It says: "Subject to my option, I
promise to pay B Php1 Million or his order or give Php1 Million worth of cement or to authorize
him to sell my house worth Php1 Million. Signed, A." Is the note negotiable?

(A) No, because the exercise of the option to pay lies with A, the maker and debtor.

(B) No, because it authorizes the sale of collateral securities in case the note is not paid at
maturity.

(C) Yes, because the note is really payable to B or his order, the other provisions being merely
optional.

(D) Yes, because an election to require something to be done in lieu of payment of money
does not affect negotiability.

(4) ABC Corp. increased its capital stocks from Php10 Million to Php15 Million and, in the
process, issued 1,000 new shares divided into Common Shares "B" and Common Shares "C."
T, a stockholder owning 500 shares, insists on buying the newly issued shares through a right
of pre-emption. The company claims, however, that its By-laws deny T any right of pre-
emption. Is the corporation correct?

(A) No, since the By-Laws cannot deny a shareholder his right of pre-emption.

(B) Yes, but the denial of his pre-emptive right extends only to 500 shares.

(C) Yes, since the denial of the right under the By-laws is binding on T.

(D) No, since pre-emptive rights are governed by the articles of incorporation.
(5) M makes a promissory note that states: "I, M, promise to pay Php5,000.00 to B or bearer.
Signed, M." M negotiated the note by delivery to B, B to N, and N to O. B had known that M
was bankrupt when M issued the note. Who would be liable to O?

(A) M and N since they may be assumed to know of M's bankruptcy

(B) N, being O's immediate negotiator of a bearer note

(C) B, M, and N, being indorsers by delivery of a bearer note

(D) B, having known of M's bankruptcy

(6) S delivered 10 boxes of cellphones to Trek Bus Liner, for transport from Manila to Ilocos
Sur on the following day, for which S paid the freightage. Meanwhile, the boxes were stored in
the bus liner’s bodega. That night, however, a robber broke into the bodega and stole S’s
boxes. S sues Trek Bus Liner for contractual breach but the latter argues that S has no cause
of action based on such breach since the loss occurred while the goods awaited transport.
Who is correct?

(A) The bus liner since the goods were not lost while being transported.

(B) S since the goods were unconditionally placed with T for transportation.

(C) S since the freightage for the goods had been paid.

(D) The bus liner since the loss was due to a fortuitous event.

(7) X Corp. operates a call center that received orders for pizzas on behalf of Y Corp. which
operates a chain of pizza restaurants. The two companies have the same set of corporate
officers. After 2 years, X Corp. dismissed its call agents for no apparent reason. The agents
filed a collective suit for illegal dismissal against both X Corp. and Y Corp. based on the
doctrine of piercing the veil of corporate fiction. The latter set up the defense that the agents
are in the employ of X Corp. which is a separate juridical entity. Is this defense appropriate?

(A) No, since the doctrine would apply, the two companies having the same set of corporate
officers.

(B) No, the real employer is Y Corp., the pizza company, with X Corp. serving as an arm for
receiving its outside orders for pizzas.
(C) Yes, it is not shown that one company completely dominates the finances, policies, and
business practices of the other.

(D) Yes, since the two companies perform two distinct businesses.

(8) A negotiable instrument can be indorsed by way of a restrictive indorsement, which


prohibits further negotiation and constitutes the indorsee as agent of the indorser. As agent,
the indorsee has the right, among others, to

(A) demand payment of the instrument only.

(B) notify the drawer of the payment of the instrument.

(C) receive payment of the instrument.

(D) instruct that payment be made to the drawee.

(9) Under the Negotiable Instruments Law, a signature by procuration operates as a notice that
the agent has but a limited authority to sign. Thus, a person who takes a bill that is drawn,
accepted, or indorsed by procuration is duty-bound to inquire into the extent of the agent's
authority by:

(A) examining the agent’s special power of attorney.

(B) examining the bill to determine the extent of such authority.

(C) asking the agent about the extent of such authority.

(D) asking the principal about the extent of such authority.

(10) Under the Negotiable Instruments Law, if the holder has a lien on the instrument which
arises either from a contract or by implication of law, he would be a holder for value to the
extent of

(A) his successor's interest.

(B) his predecessor's interest.

(C) the lien in his favor.

(D) the amount indicated on the instrument's face.

(11) The liability of a common carrier for the goods it transports begins from the time of
(A) conditional receipt.

(B) constructive receipt.

(C) actual receipt.

(D) either actual or constructive receipt.

(12) On X’s failure to pay his loan to ABC Bank, the latter foreclosed the Real Estate Mortgage
he executed in its favor. The auction sale was set for Dec. 1, 2010 with the notices of sale
published as the law required. The sale was, however, cancelled when Dec. 1, 2010 was
declared a holiday and re-scheduled to Jan. 10, 2011 without republication of notice. The
auction sale then proceeded on the new date. Under the circumstances, the auction sale is

(A) rescissible.

(B) unenforceable.

(C) void.

(D) voidable.

(13) X executed a promissory note with a face value of Php50,000.00, payable to the order of
Y. Y indorsed the note to Z, to whom Y owed Php30,000.00. If X has no defense at all against
Y, for how much may Z collect from X?

(A) Php20,000.00, as he is a holder for value to the extent of the difference between Y's debt
and the value of the note.

(B) Php30,000.00, as he is a holder for value to the extent of his lien.

(C) Php50,000.00, but with the obligation to hold Php20,000.00 for Y's benefit.

(D) None, as Z's remedy is to run after his debtor, Y.

(14) Under the Anti-Money Laundering Law, a covered institution is required to maintain a
system of verifying the true identity of their clients as well as persons purporting to act on
behalf of

(A) those doing business with such clients.

(B) unknown principals.


(C) the covered institution.

(D) such clients.

(15) It is settled that neither par value nor book value is an accurate indicator of the fair value of
a share of stock of a corporation. As to unpaid subscriptions to its shares of stock, as they are
regarded as corporate assets, they should be included in the

(A) capital value.

(B) book value.

(C) par value.

(D) market value.

(16) P sold to M 10 grams of shabu worth Php5,000.00. As he had no money at the time of the
sale, M wrote a promissory note promising to pay P or his order Php5,000. P then indorsed the
note to X (who did not know about the shabu), and X to Y. Unable to collect from P, Y then
sued X on the note. X set up the defense of illegality of consideration. Is he correct?

(A) No, since X, being a subsequent indorser, warrants that the note is valid and subsisting.

(B) No, since X, a general indorser, warrants that the note is valid and subsisting.

(C) Yes, since a void contract does not give rise to any right.

(D) Yes, since the note was born of an illegal consideration which is a real defense.

(17) In a contract of carriage, the common carrier is liable for the injury or death of a passenger
resulting from its employee’s fault although the latter acted beyond the scope of his authority.
This is based on the

(A) rule that the carrier has an implied duty to transport the passenger safely.

(B) rule that the carrier has an express duty to transport the passenger safely

(C) Doctrine of Respondeat Superior.

(D) rule in culpa aquiliana.


(18) A holder in due course holds the instrument free from any defect of title of prior parties and
free from defenses available to prior parties among themselves. An example of such a defense
is -

(A) fraud in inducement.

(B) duress amounting to forgery.

(C) fraud in esse contractus.

(D) alteration.

(19) In elections for the Board of Trustees of non-stock corporations, members may cast as
many votes as there are trustees to be elected but may not cast more than one vote for one
candidate. This is true -

(A) unless set aside by the members in plenary session.

(B) in every case even if the Board of Trustees resolves otherwise.

(C) unless otherwise provided in the Articles of Incorporation or in the By-laws.

(D) in every case even if the majority of the members decide otherwise during the elections.

(20) The rule is that the valuation of the shares of a stockholder who exercises his appraisal
rights is determined as of the day prior to the date on which the vote was taken. This is true -

(A) regardless of any depreciation or appreciation in the share's fair value.

(B) regardless of any appreciation in the share's fair value.

(C) regardless of any depreciation in the share's fair value.

(D) only if there is no appreciation or depreciation in the share's fair value.

(21) T Shipping, Co. insured all of its vessels with R Insurance, Co. The insurance policies
stated that the insurer shall answer for all damages due to perils of the sea. One of the
insured's ship, the MV Dona Priscilla, ran aground in the Panama Canal when its engine pipes
leaked and the oil seeped into the cargo compartment. The leakage was caused by the
extensive mileage that the ship had accumulated. May the insurer be made to answer for the
damage to the cargo and the ship?
(A) Yes, because the insurance policy covered any or all damage arising from perils of the sea.

(B) Yes, since there appears to have been no fault on the part of the shipowner and
shipcaptain.

(C) No, since the proximate cause of the damage was the breach of warranty of seaworthiness
of the ship.

(D) No, since the proximate cause of the damage was due to ordinary usage of the ship, and
thus not due to a peril of the sea.

(22) X has been a long-time household helper of Z. X's husband, Y, has also been Z's long-
time driver. May Z insure the lives of both X and Y with Z as beneficiary?

(A) Yes, since X and Y render services to Z.

(B) No, since X and Y have no pecuniary interest on the life of Z arising from their employment
with him.

(C) No, since Z has no pecuniary interest in the lives of X and Y arising from their employment
with him.

(D) Yes, since X and Y are Z’s employees.

(23) X, Co., a partnership, is composed of A (capitalist partner), B (capitalist partner) and C


(industrial partner). If you were partner A, who between B and C would you have an insurable
interest on, such that you may then insure him?

(A) No one, as there is merely a partnership contract among A, B and C.

(B) Both B and C, as they are your partners.

(C) Only C, as he is an industrial partner.

(D) Only B, as he is a capitalist partner.

(24) X is the holder of an instrument payable to him (X) or his order, with Y as maker. X then
indorsed it as follows: "Subject to no recourse, pay to Z. Signed, X." When Z went to collect
from Y, it turned out that Y's signature was forged. Z now sues X for collection. Will it prosper?

(A) Yes, because X, as a conditional indorser, warrants that the note is genuine.
(B) Yes, because X, as a qualified indorser, warrants that the note is genuine.

(C) No, because X made a qualified indorsement.

(D) No, because a qualified indorsement does not include the warranty of genuineness.

(25) A bill of exchange has T for its drawee, U as drawer, and F as holder. When F went to T
for presentment, F learned that T is only 15 years old. F wants to recover from U but the latter
insists that a notice of dishonor must first be made, the instrument being a bill of exchange. Is
he correct?

(A) Yes, since a notice of dishonor is essential to charging the drawer.

(B) No, since T can waive the requirement of notice of dishonor.

(C) No, since F can treat U as maker due to the minority of T, the drawee.

(D) Yes, since in a bill of exchange, notice of dishonor is at all times required.

(26) An insured, who gains knowledge of a material fact already after the effectivity of the
insurance policy, is not obliged to divulge it. The reason for this is that the test of concealment
of material fact is determined

(A) at the time of the issuance of the policy.

(B) at any time before the payment of premium.

(C) at the time of the payment of the premium.

(D) at any time before the policy becomes effective.

(27) T, the captain of MV Don Alan, while asleep in his cabin, dreamt of an Intensity 8
earthquake along the path of his ship. On waking up, he immediately ordered the ship to return
to port. True enough, the earthquake and tsunami struck three days later and his ship was
saved. Was the deviation proper?

(A) Yes, because the deviation was made in good faith and on a reasonable ground for
believing that it was necessary to avoid a peril.

(B) No, because no reasonable ground for avoiding a peril existed at the time of the deviation.

(C) No, because T relied merely on his supposed gift of prophecy.


(D) Yes, because the deviation took place based on a reasonable belief of the captain.

(28) X, drawee of a bill of exchange, wrote the words: "Accepted, with promise to make
payment within two days. Signed, X." The drawer questioned the acceptance as invalid. Is the
acceptance valid?

(A) Yes, because the acceptance is in reality a clear assent to the order of the drawer to pay.

(B) Yes, because the form of the acceptance is really immaterial.

(C) No, because the acceptance must be a clear assent to the order of the drawer to pay.

(D) No, because the document must not express that the drawee will perform his promise
within two days.

(29) X came up with a new way of presenting a telephone directory in a mobile phone, which
he dubbed as the "iTel" and which uses lesser time for locating names and telephone numbers.
May X have his "iTel" copyrighted in his name?

(A) No, because it is a mere system or method.

(B) Yes, because it is an original creation.

(C) Yes, because it entailed the application of X's intellect.

(D) No, because it did not entail any application of X's intellect.

(30) D, debtor of C, wrote a promissory note payable to the order of C. C's brother, M,
misrepresenting himself as C’s agent, obtained the note from D, then negotiated it to N after
forging C's signature. N indorsed it to E, who indorsed it to F, a holder in due course. May F
recover from E?

(A) No, since the forgery of C's signature results in the discharge of E.

(B) Yes, since only the forged signature is inoperative and E is bound as indorser.

(C) No, since the signature of C, the payee, was forged.

(D) Yes, since the signature of C is immaterial, he being the payee.

(31) A material alteration of an instrument without the assent of all parties liable thereon results
in its avoidance, EXCEPT against a
(A) prior indorsee.

(B) subsequent acceptor.

(C) subsequent indorser.

(D) prior acceptor.

(32) X constituted a chattel mortgage on a car (valued at Php1 Million pesos) to secure a
P500,000.00 loan. For the mortgage to be valid, X should have

(A) the right to mortgage the car to the extent of half its value.

(B) ownership of the car.

(C) unqualified free disposal of his car.

(D) registered the car in his name.

(33) B borrowed Php1 million from L and offered to him his BMW car worth Php1 Million as
collateral. B then executed a promissory note that reads: "I, B, promise to pay L or bearer the
amount of Php1 Million and to keep my BMW car (loan collateral) free from any other
encumbrance. Signed, B." Is this note negotiable?

(A) Yes, since it is payable to bearer.

(B) Yes, since it contains an unconditional promise to pay a sum certain in money.

(C) No, since the promise to just pay a sum of money is unclear.

(D) No, since it contains a promise to do an act in addition to the payment of money.

(34) A bank can be placed under receivership when, if allowed to continue in business, its
depositors or creditors would incur

(A) probable losses

(B) inevitable losses

(C) possible losses

(D) a slight chance of losses


(35) EFG Foundation, Inc., a non-profit organization, scheduled an election for its six-member
Board of Trustees. X, Y and Z, who are minority members of the foundation, wish to exercise
cumulative voting in order to protect their interest, although the Foundation's Articles and By-
laws are silent on the matter. As to each of the three, what is the maximum number of votes
that he/she can cast?

(A) 6

(B) 9

(C) 12

(D) 3

(36) If the drawer and the drawee are the same person, the holder may present the instrument
for payment without need of a previous presentment for acceptance. In such a case, the holder
treats it as a

(A) non-negotiable instrument.

(B) promissory note.

(C) letter of credit.

(D) check.

(37) D draws a bill of exchange that states: "One month from date, pay to B or his order
Php100,000.00. Signed, D." The drawee named in the bill is E. B negotiated the bill to M, M to
N, N to O, and O to P. Due to non-acceptance and after proceedings for dishonor were made,
P asked O to pay, which O did. From whom may O recover?

(A) B, being the payee

(B) N, as indorser to O

(C) E, being the drawee

(D) D, being the drawer

(38) T, an associate attorney in XYZ Law Office, wrote a newspaper publisher a letter disputing
a columnist’s claim about an incident in the attorney’s family. T used the law firm’s letterhead
and its computer in preparing the letter. T also requested the firm’s messenger to deliver the
letter to the publisher. Who owns the copyright to the letter?

(A) T, since he is the original creator of the contents of the letter.

(B) Both T and the publisher, one wrote the letter to the other who has possession of it.

(C) The law office since T was an employee and he wrote it on the firm’s letterhead.

(D) The publisher to whom the letter was sent.

(39) E received goods from T for display and sale in E's store. E was to turn over to T the
proceeds of any sale and return the ones unsold. To document their agreement, E executed a
trust receipt in T’s favor covering the goods. When E failed to turn over the proceeds from his
sale of the goods or return the ones unsold despite demand, he was charged in court for
estafa. E moved to dismiss on the ground that his liability is only civil. Is he correct?

(A) No, since he committed fraud when he promised to pay for the goods and did not.

(B) No, since his breach of the trust receipt agreement subjects him to both civil and criminal
liability for estafa.

(C) Yes, since E cannot be charged with estafa over goods covered a trust receipt.

(D) Yes, since it was merely a consignment sale and the buyer could not pay.

(40) The authorized alteration of a warehouse receipt which does not change its tenor renders
the warehouseman liable according to the terms of the receipt

(A) in its original tenor if the alteration is material.

(B) in its original tenor.

(C) as altered if there is fraud.

(D) as altered.

(41) Any agreement binding upon the holder to extend the time of payment or to postpone the
holder's right to enforce the instrument results in the discharge of the party secondarily liable
unless made with the latter's consent. This agreement refers to one which the holder made
with the
(A) principal debtor.

(B) principal creditor.

(C) secondary creditor.

(D) secondary debtor.

(42) Upon execution of a trust receipt over goods, the party who is obliged to release such
goods and who retains security interest on those goods, is called the

(A) holder.

(B) shipper.

(C) entrustee.

(D) entrustor.

(43) X, warehouseman, sent a text message to Y, to whom X had issued a warehouse receipt
for Y's 500 sacks of corn, notifying him of the due date and time to settle the storage fees. The
message stated also that if Y does not settle the warehouse charges within 10 days, he will
advertise the goods for sale at a public auction. When Y ignored the demand, X sold 100 sacks
of corn at a public auction. For X’s failure to comply with the statutory requirement of written
notice to satisfy his lien, the sale of the 100 sacks of corn is

(A) voidable.

(B) rescissible.

(C) unenforceable.

(D) void.

(44) On June 1, 2011, X mailed to Y Insurance, Co. his application for life insurance, with
payment for 5 years of premium enclosed in it. On July 21, 2011, the insurance company
accepted the application and mailed, on the same day, its acceptance plus the cover note. It
reached X's residence on August 11, 2011. But, as it happened, on August 4, 2011, X figured
in a car accident. He died a day later. May X's heirs recover on the insurance policy?

(A) Yes, since under the Cognition Theory, the insurance contract was perfected upon
acceptance by the insurer of X's application.
(B) No, since there is no privity of contract between the insurer and X’s heirs.

(C) No, since X had no knowledge of the insurer's acceptance of his application before he died.

(D) Yes, since under the Manifestation Theory, the insurance contract was perfected upon
acceptance of the insurer of X's application.

(45) A bill of exchange has D as drawer, E as drawee and F as payee. The bill was then
indorsed to G, G to H, and H to I. I, the current holder presented the bill to E for acceptance. E
accepted but, as it later turned out, D is a fictitious person. Is E freed from liability?

(A) No, since by accepting, E admits the existence of the drawer.

(B) No, since by accepting, E warrants that he is solvent.

(C) Yes, if E was not aware of that fact at the time of acceptance.

(D) Yes, since a bill of exchange with a fictitious drawer is void and inexistent.

(46) Due to his debt to C, D wrote a promissory note which is payable to the order of C. C's
brother, M, misrepresenting himself as agent of C, obtained the note from D. M then negotiated
the note to N after forging the signature of C. May N enforce the note against D?

(A) Yes, since D is the principal debtor.

(B) No, since the signature of C was forged.

(C) No, since it is C who can enforce it, the note being payable to the order of C.

(D) Yes, since D, as maker, is primarily liable on the note.

(47) T Corp. has a corporate term of 20 years under its Articles of Incorporation or from June 1,
1980 to June 1, 2000. On June 1, 1991 it amended its Articles of Incorporation to extend its life
by 15 years from June 1, 1980 to June 1, 2015. The SEC approved this amendment. On June
1, 2011, however, T Corp decided to shorten its term by 1 year or until June 1, 2014. Both the
1991 and 2011 amendments were approved by majority vote of its Board of Directors and
ratified in a special meeting by its stockholders representing at least 2/3 of its outstanding
capital stock. The SEC, however, disapproved the 2011 amendment on the ground that it
cannot be made earlier than 5 years prior to the expiration date of the corporate term, which is
June 1, 2014. Is this SEC disapproval correct?
(A) No, since the 5-year rule on amendment of corporate term applies only to extension, not to
shortening, of term.

(B) Yes, any amendment affecting corporate term cannot be made earlier than 5 years prior to
the corporation’s expiration date.

(C) No, since a corporation can in fact have a corporate life of 50 years.

(D) Yes, the amendment to shorten corporate term cannot be made earlier than 5 years prior to
the corporation’s expiration date.

(48) B, while drunk, accepted a passenger in his taxicab. B then drove the taxi recklessly, and
inevitably, it crashed into an electric post, resulting in serious physical injuries to the
passengers. The latter then filed a suit for tort against B's operator, A, but A raised the defense
of having exercised extraordinary diligence in the safety of the passenger. Is his defense
tenable?

(A) Yes, as a common carrier can rebut the presumption of negligence by raising such a
defense.

(B) No, as in tort actions, the proper defense is due diligence in the selection and supervision
of the employee by the employer.

(C) No, as B, the common carrier's employee, was obviously negligent due to his intoxication.

(D) Yes, as a common carrier can invoke extraordinary diligence in the safety of passengers in
tort cases.

(49)X is a director in T Corp. who was elected to a 1-year term on Feb. 1, 2010. On April 11,
2010, X resigned and was replaced by R, who assumed as director on May 17, 2010. On Nov.
21, 2010, R died. S was then elected in his place. Until which time should S serve as director?

(A) April 11, 2011.

(B) Feb. 1, 2011.

(C) May 17, 2011.

(D) Nov. 21, 2011.

(50) M, the maker, issued a promissory note to P, the payee which states: "I, M, promise to pay
P or order the amount of Php1 Million. Signed, M." P negotiated the note by indorsement to N,
then N to O also by indorsement, and O to Q, again by indorsement. But before O indorsed the
note to Q, O's wife wrote the figure "2" on the note after "Php1" without O's knowledge, making
it appear that the note is for Php12 Million. For how much is O liable to Q?

(A) Php1 Million since it is the original tenor of the note.

(B) Php1 Million since he warrants that the note is genuine and in all respects what it purports
to be.

(C) Php12 Million since he warrants his solvency and that he has a good title to the note.

(D) Php12 Million since he warrants that the note is genuine and in all respects what it purports
to be.

(51) X Corp., whose business purpose is to manufacture and sell vehicles, invested its funds in
Y Corp., an investment firm, through a resolution of its Board of Directors. The investment grew
tremendously on account of Y Corp.'s excellent business judgment. But a minority stockholder
in X Corp. assails the investment as ultra vires. Is he right and, if so, what is the status of the
investment?

(A) Yes, it is an ultra vires act of the corporation itself but voidable only, subject to stockholders’
ratification.

(B) Yes, it is an ultra vires act of its Board of Directors and thus void.

(C) Yes, it is an ultra vires act of its Board of Directors but voidable only, subject to
stockholders’ ratification.

(D) Yes, it is an ultra vires act of the corporation itself and, consequently, void.

(52) Notice of dishonor is not required to be made in all cases. One instance where such notice
is not necessary is when the indorser is the one to whom the instrument is suppose to be
presented for payment. The rationale here is that the indorser

(A) already knows of the dishonor and it makes no sense to notify him of it.

(B) is bound to make the acceptance in all cases.

(C) has no reason to expect the dishonor of the instrument.

(D) must be made to account for all his actions.


(53) "Eagleson Refillers, Co.," a firm that sells water to the public, opposes the trade name
application of "Eagleson Laundry, Co.," on the ground that such trade name tends to deceive
trade circles or confuse the public with respect to the water firm’s registered trade name. Will
the opposition prosper?

(A) Yes, since such use is likely to deceive or confuse the public.

(B) Yes, since both companies use water in conducting their business.

(C) No, since the companies are not engaged in the same line of business.

(D) No, since the root word "Eagle" is a generic name not subject to registration.

(54) For a constructive total loss to exist in marine insurance, it is required that the person
insured relinquish his interest in the thing insured. This relinquishment must be

(A) actual.

(B) constructive first and if it fails, then actual.

(C) either actual or constructive.

(D) constructive.

(55) The Corporation Code sanctions a contract between two or more corporations which have
interlocking directors, provided there is no fraud that attends it and it is fair and reasonable
under the circumstances. The interest of an interlocking director in one corporation may be
either substantial or nominal. It is nominal if his interest:

(A) does not exceed 25% of the outstanding capital stock.

(B) exceeds 25% of the outstanding capital stock.

(C) exceeds 20% of the outstanding capital stock.

(D) does not exceed 20% of the outstanding capital stock.

(56) X, an amateur astronomer, stumbled upon what appeared to be a massive volcanic


eruption in Jupiter while peering at the planet through his telescope. The following week, X,
without notes, presented a lecture on his findings before the Association of Astronomers of the
Philippines. To his dismay, he later read an article in a science journal written by Y, a
professional astronomer, repeating exactly what X discovered without any attribution to him.
Has Y infringed on X's copyright, if any?

(A) No, since X did not reduce his lecture in writing or other material form.

(B) Yes, since the lecture is considered X’s original work.

(C) No, since no protection extends to any discovery, even if expressed, explained, illustrated,
or embodied in a work.

(D) Yes, since Y’s article failed to make any attribution to X.

(57) In case of disagreement between the corporation and a withdrawing stockholder who
exercises his appraisal right regarding the fair value of his shares, a three-member group shall
by majority vote resolve the issue with finality. May the wife of the withdrawing stockholder be
named to the threemember group?

(A) No, the wife of the withdrawing shareholder is not a disinterested person.

(B) Yes, since she could best protect her husband's shareholdings.

(C) Yes, since the rules do not discriminate against wives.

(D) No, since the stockholder himself should sit in the three-member group.

(58) Apart from economic rights, the author of a copyright also has moral rights which he may
transfer by way of assignment. The term of these moral rights shall last

(A) during the author's lifetime and for 50 years after his death.

(B) forever.

(C) 50 years from the time the author created his work.

(D) during the author's lifetime.

(59) Which of the following indorsers expressly warrants in negotiating an instrument that 1) it
is genuine and true; 2) he has a good title to it; 3) all prior parties have capacity to negotiate;
and 4) it is valid and subsisting at the time of his indorsement?

(A) The irregular indorser.

(B) The regular indorser.


(C) The general indorser.

(D) The qualified indorser.

(60) Where the insurer was made to pay the insured for a loss covered by the insurance
contract, such insurer can run after the third person who caused the loss through subrogation.
What is the basis for conferring the right of subrogation to the insurer?

(A) Their express stipulation in the contract of insurance.

(B) The equitable assignment that results from the insurer’s payment of the insured.

(C) The insured’s formal assignment of his right to indemnification to the insurer.

(D) The insured’s endorsement of its claim to the insurer.

(61) X invented a device which, through the use of noise, can recharge a cellphone battery. He
applied for and was granted a patent on his device, effective within the Philippines. As it turns
out, a year before the grant of X's patent, Y, also an inventor, invented a similar device which
he used in his cellphone business in Manila. But X files an injunctive suit against Y to stop him
from using the device on the ground of patent infringement. Will the suit prosper?

(A) No, since the correct remedy for X is a civil action for damages.

(B) No, since Y is a prior user in good faith.

(C) Yes, since X is the first to register his device for patent registration.

(D) Yes, since Y unwittingly used X’s patented invention.

(62) P, a sales girl in a flower shop at the Ayala Station of the Metro Rail Transit (MRT) bought
two tokens or tickets, one for her ride to work and another for her ride home. She got to her
flower shop where she usually worked from 8 a.m. to 5 p.m. At about 3 p.m., while P was
attending to her duties at the flower shop, two crews of the MRT got into a fight near the flower
shop, causing injuries to P in the process. Can P sue the MRT for contractual breach as she
was within the MRT premises where she would shortly take her ride home?

(A) No, since the incident took place, not in an MRT train coach, but at the MRT station.

(B) No, since P had no intention to board an MRT train coach when the incident occured.
(C) Yes, since she already had a ticket for her ride home and was in the MRTs premises at the
time of the incident.

(D) Yes, since she bought a round trip ticket and MRT had a duty while she was at its station to
keep her safe for her return trip.

(63) Forgery of bills of exchange may be subdivided into, a) forgery of an indorsement on the
bill and b) forgery of the drawer's signature, which may either be with acceptance by the
drawee, or

(A) with acceptance but the bill is paid by the drawee.

(B) without acceptance but the bill is paid by the drawer.

(C) without acceptance but the bill is paid by the drawee.

(D) with acceptance but the bill is paid by the drawer.

(64) If an insurance policy prohibits additional insurance on the property insured without the
insurer's consent, such provision being valid and reasonable, a violation by the insured

(A) reduces the value of the policy.

(B) avoids the policy.

(C) offsets the value of the policy with the additional insurances’s value.

(D) forfeits premiums already paid.

(65) X found a check on the street, drawn by Y against ABC Bank, with Z as payee. X forged
Z's signature as an indorser, then indorsed it personally and delivered it to DEF Bank. The
latter, in turn, indorsed it to ABC Bank which charged it to the Y’s account. Y later sued ABC
Bank but it set up the forgery as its defense. Will it prosper?

(A) No, since the payee's signature has been forged.

(B) No, since Y’s remedy is to run after the forger, X.

(C) Yes, since forgery is only a personal defense.

(D) Yes, since ABC Bank is bound to know the signature of Y, its client.
(66) The rule is that no stock dividend shall be issued without the approval of stockholders
representing at least 2/3 of the outstanding capital stock at a regular or special meeting called
for the purpose. As to other forms of dividends:

(A) a mere majority of the entire Board of Directors applies.

(B) a mere majority of the quorum of the Board of Directors applies.

(C) a mere majority of the votes of stockholders representing the outstanding capital stock
applies.

(D) the same rule of 2/3 votes applies.

(67) X, at Y’s request, executed a Real Estate Mortgage (REM) on his (X’s) land to secure Y's
loan from Z. Z successfully foreclosed the REM when Y defaulted on the loan but half of Y's
obligation remained unpaid. May Z sue X to enforce his right to the deficiency?

(A) Yes, but solidarily with Y.

(B) Yes, since X’s is deemed to warrant that his land would cover the whole obligation.

(C) No, since it is the buyer at the auction sale who should answer for the deficiency.

(D) No, because X is not Z’s debtor.

(68) May a publicly listed universal bank own 100% of the voting stocks in another universal
bank and in a commercial bank?

(A) Yes, if with the permission of the Bangko Sentral ng Pilipinas.

(B) No, since it has no power to invest in equities.

(C) Yes, as there is no prohibition on it.

(D) No, since under the law, the 100% ownership on voting stocks must be in either bank only.

(69) Perils of the ship, under marine insurance law, refer to loss which in the ordinary course of
events results from

(A) natural and inevitable actions of the sea.

(B) natural and ordinary actions of the sea.


(C) unnatural and inevitable actions of the sea.

(D) unnatural and ordinary actions of the sea.

(70) Under the Intellectual Property Code, lectures, sermons, addresses or dissertations
prepared for oral delivery, whether or not reduced in writing or other material forms, are
regarded as

(A) non-original works.

(B) original works.

(C) derivative works.

(D) not subject to protection.

(71) Can a drawee who accepts a materially altered check recover from the holder and the
drawer?

(A) No, he cannot recover from either of them.

(B) Yes from both of them.

(C) Yes but only from the drawer.

(D) Yes but only from the holder.

(72) The rule is that the intentional cancellation of a person secondarily liable results in the
discharge of the latter. With respect to an indorser, the holder's right to cancel his signature is:

(A) without limitation.

(B) not limited to the case where the indorsement is necessary to his title.

(C) limited to the case where the indorsement is not necessary to his title.

(D) limited to the case where the indorsement is necessary to his title.

(73) X, in the hospital for kidney dysfunction, was about to be discharged when he met his
friend Y. X told Y the reason for his hospitalization. A month later, X applied for an insurance
covering serious illnesses from ABC Insurance, Co., where Y was working as Corporate
Secretary. Since X had already told Y about his hospitalization, he no longer answered a
question regarding it in the application form. Would this constitute concealment?
(A) Yes, since the previous hospitalization would influence the insurer in deciding whether to
grant X's application.

(B) No, since Y may be regarded as ABC’s agent and he already knew of X’s previous
hospitalization.

(C) Yes, it would constitute concealment that amounts to misrepresentation on X's part.

(D) No, since the previous illness is not a material fact to the insurance coverage.

(74) Several American doctors wanted to set up a group clinic in the Philippines so they could
render modern medical services. If the clinic is to be incorporated under our laws, what is the
required foreign equity participation in such a corporation?

(A) 40%

(B) 0%

(C) 60%

(D) 70%

(75) X executed a promissory note in favor of Y by way of accommodation. It says: "Pay to Y or


order the amount of Php50,000.00. Signed, X." Y then indorsed the note to Z, and Z to T.
When T sought collection from Y, the latter countered as indorser that there should have been
a presentment first to the maker who dishonors it. Is Y correct?

(A) No, since Y is the real debtor and thus, there is no need for presentment for payment and
dishonor by the maker.

(B) Yes, since as an indorser who is secondarily liable, there must first be presentment for
payment and dishonor by the maker.

(C) No, since the absolute rule is that there is no need for presentment for payment and
dishonor to hold an indorser liable.

(D) Yes, since the secondary liability of Y and Z would only arise after presentment for payment
and dishonor by the maker.

(76) The Board of Directors of XYZ Corp. unanimously passed a Resolution approving the
taking of steps that in reality amounted to willful tax evasion. On discovering this, the
government filed tax evasion charges against all the company’s members of the board of
directors. The directors invoked the defense that they have no personal liability, being mere
directors of a fictional being. Are they correct?

(A) No, since as a rule only natural persons like the members of the board of directors can
commit corporate crimes.

(B) Yes, since it is the corporation that did not pay the tax and it has a personality distinct from
its directors.

(C) Yes, since the directors officially and collectively performed acts that are imputable only to
the corporation.

(D) No, since the law makes directors of the corporation solidarily liable for gross negligence
and bad faith in the discharge of their duties.

(77) T is the registered trademark owner of "CROCOS" which he uses on his ready-to-wear
clothes. Banking on the popularity of T's trade mark, B came up with his own "CROCOS" mark,
which he then used for his "CROCOS" burgers. T now sues B for trademark infringement but B
argues that his product is a burger, hence, there is no infringement. Is B correct?

(A) No, since the owner of a well-known mark registered in the Philippines has rights that
extends even to dissimilar kinds of goods.

(B) Yes, since the right of the owner of a well-known mark registered in the Philippines does
not extend to goods which are not of the same kind.

(C) Yes, as B was in bad faith in coming up with his own "CROCOS" mark.

(D) No, since unlike T, he did not register his own "CROCOS" mark for his product.

(78) A, the proprietor of a fleet of ten taxicabs, decides to adopt, as his business name, "A
Transport Co., Inc." May this be allowed?

(A) No, it would be deceptive since he is a proprietor, not a corporation.

(B) No, since "A" is a generic name, not suitable for registration.

(C) Yes, since his line of business is public transportation.

(D) Yes, since such name would give his business a corporate identity.
(79) T delivers two refrigerators to the warehouse of W who then issues a negotiable receipt
undertaking the delivery of the refrigerators to "T or bearer." T entrusted the receipt to B for
safekeeping only. B negotiated it, however, to F who bought it in good faith and for value. Who
is entitled to the delivery of the refrigerators?

(A) T, since he is the real owner of the refrigerators.

(B) F, since he is a purchaser in good faith and for value.

(C) B, since T entrusted the receipt to him.

(D) W, since he has as a warehouseman a lien on the goods.

(80) The Articles of Incorporation must be accompanied by a Treasurer's Affidavit certifying


under oath, among others, that the total subscription paid is:

(A) not less than P25,000.00.

(B) not more than P5,000.00.

(C) RIGHT ANSWER not less than P5,000.00.

(D) not more than P25,000.00.

(81) In a special meeting called for the purpose, 2/3 of the stockholders representing the
outstanding capital stock in X. Co. authorized the company's Board of Directors to amend its
By-laws. By majority vote, the Board then approved the amendment. Is this amendment valid?

(A) No since the stockholders cannot delegate their right to amend the By-laws to the Board.

(B) Yes since the majority votes in the Board was sufficient to amend the By-laws.

(C) No, because the voting in the Board should have been by majority of a quorum.

(D) Yes since the votes of 2/3 of the stockholders and majority of the Board were secured.

(82) A group of Malaysians wanted to invest in the Philippines’ insurance business. After
negotiations, they agreed to organize "FIMA Insurance Corp." with a group of Filipino
businessmen. FIMA would have a PhP50 Million paid up capital, PhP40 Million of which would
come from the Filipino group. All corporate officers would be Filipinos and 8 out of its 10-
member Board of Directors would be Filipinos. Can FIMA operate an insurance business in the
Philippines?
(A) No, since an insurance company must have at least PhP75 Million paid-up capital.

(B) Yes, since there is substantial compliance with our nationalization laws respecting paid-up
capital and Filipino dominated Board of Directors.

(C) Yes, since FIMA’s paid up capital more than meets the country’s nationalization laws.

(D) No, since an insurance company should be 100% owned by Filipinos.

(83) Under the Public Service Act, an administrative agency has the power to approve
provisionally the rates of public utilities without a hearing in case of urgent public needs. The
exercise of this power is

(A) supervisory.

(B) absolute.

(C) discretionary.

(D) mandatory.

(84) X, creditor of Y, obtained a judgment in his favor in connection with Y's unpaid loan to him.
The court's sheriff then levied on the goods that Y stored in T's warehouse, for which the latter
issued a warehouse receipt. A month before the levy, however, Z bought the warehouse
receipt for value. Who has a better right over the goods?

(A) T, being the warehouseman with a lien on the goods

(B) Z, being a purchaser for value of the warehouse receipt

(C) X, being Y’s judgment creditor

(D) Y, being the owner of the goods

(85) A promissory note states, on its face: "I, X, promise to pay Y the amount of Php 5,000.00
five days after completion of the on-going construction of my house. Signed, X." Is the note
negotiable?

(A) Yes, since it is payable at a fixed period after the occurrence of a specified event.

(B) No, since it is payable at a fixed period after the occurrence of an event which may not
happen.
(C) Yes, since it is payable at a fixed period or determinable future time.

(D) No, since it should be payable at a fixed period before the occurrence of a specified event.

(86) P sold to M a pair of gecko (tuko) for Php50,000.00. M then issued a promissory note to P
promising to pay the money within 90 days. Unknown to P and M, a law was passed a month
before the sale that prohibits and declares void any agreement to sell gecko in the country. If X
acquired the note in good faith and for value, may he enforce payment on it?

(A) No, since the law declared void the contract on which the promissory note was founded.

(B) No, since it was not X who bought the gecko.

(C) Yes, since he is a holder in due course of a note which is distinct from the sale of gecko.

(D) Yes, since he is a holder in due course and P and M were not aware of the law that
prohibited the sale of gecko.

(87) P authorized A to sign a bill of exchange in his (P’s) name. The bill reads: "Pay to B or
order the sum of Php1 million. Signed, A (for and in behalf of P)." The bill was drawn on P. B
indorsed the bill to C, C to D, and D to E. May E treat the bill as a promissory note?

(A) No, because the instrument is payable to order and has been indorsed several times.

(B) Yes, because the drawer and drawee are one and the same person.

(C) No, because the instrument is a bill of exchange.

(D) Yes, because A was only an agent of P.

(88) Z wrote out an instrument that states: "Pay to X the amount of Php1 Million for collection
only. Signed, Z." X indorsed it to his creditor, Y, to whom he owed Php1 million. Y now wants to
collect and satisfy X's debt through the Php1 million on the check. May he validly do so?

(A) Yes, since the indorsement to Y is for Php1 Million.

(B) No, since Z is not a party to the loan between X and Y.

(C) No, since X is merely an agent of Z, his only right being to collect.

(D) Yes, since X owed Y Php1 Million.


(89) X Shipping, Co., insured its vessel MV Don Teodoro for Php100 Million with ABC
Insurance, Co. through T, an agent of X Shipping. During a voyage, the vessel accidentally
caught fire and suffered damages estimated at Php80 Million. T personally informed ABC
Insurance that X Shipping was abandoning the ship. Later, ABC insurance denied X Shipping’s
claim for loss on the ground that a notice of abandonment through its agent was improper. Is
ABC Insurance right?

(A) Yes, since X Shipping should have ratified its agent’s action.

(B) No, since T, as agent of X Shipping who procured the insurance, can also give notice of
abandonment for his principal.

(C) Yes, since only the agent of X Shipping relayed the fact of abandonment.

(D) No, since in the first place, the damage was more than ¾ of the ship's value.

(90) A law was passed disqualifying former members of Congress from sitting in the Board of
Directors of government-owned or controlled corporations. Because of this, the Board of
Directors of ABC Corp., a government-owned and controlled corporation, disqualified C, a
former Congressman, from continuing to sit as one of its members. C objected, however,
insisting that under the Corporation Code members of the board of directors of corporations
may only be removed by vote of stockholders holding 2/3 of its outstanding capital stock in a
regular or special meeting called for that purpose. Is C correct?

(A) Yes, since the new law cannot be applied to members of the board of directors already
elected prior to its passage.

(B) No, since the disqualification takes effect by operation of law, it is sufficient that he was
declared no longer a member of the board.

(C) Yes, since the provisions of the Corporation Code applies as well to government-owned
and controlled corporations.

(D) No, since the board has the power to oust him even without the new law.

(91) 002-38-0001 G, a grocery goods supplier, sold 100 sacks of rice to H who promised to pay
once he has sold all the rice. H meantime delivered the goods to W, a warehouseman, who
issued a warehouse receipt. Without the knowledge of G and W, H negotiated the receipt to P
who acquired it in good faith and for value. P then claimed the goods from W, who released
them. After the rice was loaded on a ship bound for Manila, G invokes his right to stop the
goods in transit due to his unpaid lien. Who has a better right to the rice?

(A) RIGHT ANSWER P, since he has superior rights as a purchaser for value and in good faith.

(B) P, regardless of whether or not he is a purchaser for value and in good faith.

(C) G, since as an unpaid seller, he has the right of stoppage in transitu.

(D) W, since it appears that the warehouse charges have not been paid.

(92) In a signature by procuration, the principal is bound only in case the agent acted within the
actual limits of his authority. The signature of the agent in such a case operates as notice that
he has

(A) a qualified authority to sign.

(B) a limited authority to sign.

(C) a special authority to sign.

(D) full authority to sign.

(93) In return for the 20 years of faithful service of X as a househelper to Y, the latter promised
to pay Php100,000.00 to X’s heirs if he (X) dies in an accident by fire. X agreed. Is this an
insurance contract?

(A) Yes, since all the elements of an insurance contract are present.

(B) Yes, since X’ services may be regarded as the consideration.

(C) No, since Y actually made a conditional donation in X’s favor.

(D) No, since it is in fact an innominate contract between X and Y.

(94) A bill of exchange states on its face: "One (1) month after sight, pay to the order of Mr. R
the amount of Php50,000.00, chargeable to the account of Mr. S. Signed, Mr. T." Mr. S, the
drawee, accepted the bill upon presentment by writing on it the words "I shall pay
Php30,000.00 three (3) months after sight." May he accept under such terms, which varies the
command in the bill of exchange?

(A) Yes, since a drawee accepts according to the tenor of his acceptance.
(B) No, since, once he accepts, a drawee is liable according to the tenor of the bill.

(C) Yes, provided the drawer and payee agree to the acceptance.

(D) No, since he is bound as drawee to accept the bill according to its tenor.

(95) May the indorsee of a promissory note indorsed to him "for deposit" file a suit against the
indorser?

(A) Yes, as long as the indorser received value for the restrictive indorsement.

(B) Yes, as long as the indorser received value for the conditional indorsement.

(C) Yes, whether or not the indorser received value for the conditional indorsement.

(D) Yes, whether or not the indorser received value for the restrictive indorsement.

(96) X issued a check in favor of his creditor, Y. It reads: " Pay to Y the amount of Seven
Thousand Hundred Pesos (Php700,000.00). Signed, X". What amount should be construed as
true in such a case?

(A) Php700,000.00.

(B) Php700.00.

(C) Php7,000.00.

(D) Php700,100.00.

(97) Shipowner X, in applying for a marine insurance policy from ABC, Co., stated that his
vessel usually sails middle of August and with normally 100 tons of cargo. It turned out later
that the vessel departed on the first week of September and with only 10 tons of cargo. Will this
avoid the policy that was issued?

(A) Yes, because there was breach of implied warranty.

(B) No, because there was no intent to breach an implied warranty.

(C) Yes, because it relates to a material representation.

(D) No, because there was only representation of intention.


(98) The Articles of Incorporation of ABC Transport Co., a public utility, provides for ten (10)
members in its Board of Directors. What is the prescribed minimum number of Filipino citizens
in its Board?

(A) 10

(B) 6

(C) 7

(D) 5

(99) P authorized A to sign a negotiable instrument in his (P’s) name. It reads: "Pay to B or
order the sum of Php1 million. Signed, A (for and in behalf of P)." The instrument shows that it
was drawn on P. B then indorsed to C, C to D, and D to E. E then treated it as a bill of
exchange. Is presentment for acceptance necessary in this case?

(A) No, since the drawer and drawee are the same person.

(B) No, since the bill is non-negotiable, the drawer and drawee being the same person.

(C) Yes, since the bill is payable to order, presentment is required for acceptance.

(D) Yes, in order to hold all persons liable on the bill.

(100) The corporate term of a stock corporation is that which is stated in its Articles of
Incorporation. It may be extended or shortened by an amendment of the Articles when
approved by majority of its Board of Directors and:

(A) approved and ratified by at least 2/3 of all stockholders.

(B) approved by at least 2/3 of the stockholders representing the outstanding capital stock.

(C) ratified by at least 2/3 of all stockholders.

(D) ratified by at least 2/3 of the stockholders representing the outstanding capital stock.

2012 BAR EXAMINATIONS


MERCANTILE LAW

21 October 2012 8:00 A.M. - 10 A.M.


Set A

MULTIPLE CHOICE QUESTIONS (MCQs)


INSTRUCTIONS

The following questionnaire consists of one hundred (100) MCQs numbered 1 up to 100
contained in TWENTY FOUR (24) pages.

Answer each question on the MCQ Answer Sheet by shading completely the appropriate circle
corresponding to the letter you have chosen. (Read the Marking Instructions on the Answer
Sheet)

A void erasures on the Answer Sheet. If you need to make corrections, erase completely the
answer you want to change.

Do not explain your answers in the MCQ portion of the exam. You will not earn any credit for
that.

Keep the Answer Sheet clean. Do not make unnecessary marks on it. Do not fold, roll, scratch,
crumple or tear it.

You may write on the questionnaire and use it as scratch paper but make sure to transfer your
answer to the Answer Sheet. Provide ample time to transfer the answers if you choose to do
this.

Answer first the MCQs completely before going to the essay-type questions.

HAND IN YOUR ANSWER SHEET. THERE IS NO NEED TO RETURN THIS


QUESTIONNAIRE TO THE HEAD WATCHER.

GOODLUCK!!!

_____________________________________
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee

PLEASE CHECK THAT THIS SET CONTAINS TWENTY FIVE (25) PAGES (INCLUDING
THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE


MERCANTILE LAW

1. Letters of Credit are financial devices in commercial transactions which will ensure that
the seller of the goods is sure to be paid when he parts with the goods and the buyer of
the goods gets control of the goods upon payment. Which statement is most accurate?

a. The use of the Letter of Credit serves to reduce the risk of nonpayment of the
purchase price in a sale transaction.

b. The Letters of Credit can only be used exclusively in a sales transaction.

c. The Letters of Credit are issued for the benefit of the seller only.

d. (a), (b) and (c) are all correct.

2. Letter of Credit which is used in non-sale transaction, where it serves to reduce the risk
of non-performance is called -

a. irrevocable letter of credit;

b. standby letter of credit;

c. confirmed letter of credit;

d. None of the above.

3. At the instance of CCC Corporation, AAA Bank issued an irrevocable Letter of Credit in
favor of BBB Corporation. The terms of the irrevocable Letter of Credit state that the
beneficiary must presfmt certain documents including a copy of the Bill of Lading of the
importation for the bank to release the funds. BBB Corporation could not find the
original copy of the Bill of Lading so it instead presented to the bank a xerox copy of the
Bill of Lading. Would you advise the bank to allow the drawdown on theLetter of Credit?

a. No, because the rule of strict compliance in commercial transactions involving


letters of credit, requiring documents set as conditions for the release of the fund
,has to be strictly corn plied with or else funds will not be released.

b. Yes, because an irrevocable letter of credit means that the issuing bank
undertakes to release the fund anytime when claimed by the beneficiary,
regardless of the kind of document presented.
c. Yes, because the issuing bank can always justify to CCC Corporation that xerox
copies are considered as faithful reproduction of the original copies.

d. Yes, because the issuing bank really has no discretion to determine whether the
documents presented by the beneficiary are sufficient or not.

4. AAA Carmakers opened an irrevocable Letter of Credit with BBB Banking Corporation
with CCC Cars Corporation as beneficiary. The, irrevocable Letter of Credit was opened
to pay for the importation of ten (1 0) units of Mercedes Benz S class. Upon arrival of
the cars, AAA Carmakers found out that the cars were all not in running condition and
some parts were missing. As a consequence, AAA Carmakers instructed BBB Banking
Corporation not to allow drawdown on the Letter of Credit. Is this legally possible?

a. No, because under the "Independence Principle", conditions for the drawdown
on the Letters of Credit are based only on documents, like shipping documents,
and not with the condition of the goods subject of the importation.

b. Yes, because the acceptance by the importer of the goods subject of


importation is material for the drawdown of the Letter of Credit.

c. Yes, because under the "Independence Principle", the seller or the beneficiary is
always assured of prompt payment if there is no breach in the contract between
the seller and the buyer.

d. No, because what was opened was an irrevocable letter of credit and not a
confirmed letter of credit.

5. For a fee, X deposited 1,000 sacks of corn in the warehouse owned by Y. Y is in the
business of warehousing. Y issued a warehouse receipt as proof of the possession of
the 1,000 sacks of corn. The warehouse receipt states as follows: "Deliver to X or
bearer 1,000 sacks of corn." X wanted to use the warehouse receipt as payment of his
debt in favor of Z. How can the ownership of the goods covered by the warehouse
receipt be transferred?

a. Negotiate the warehouse receipt by just delivering the warehouse receipt to Z.

b. Assign the warehouse receipt to Z to transfer ownership of the goods.

c. Negotiate the warehouse receipt by specifically indorsing it to Z.


d. The warehouse receipt in this case is non-negotiable.

6. The warehouseman, by issuing the warehouse receipt, acknowledges that the goods
are in his possession, but he can refuse to deliver the goods to the holder of the
warehouse receipt covering the goods if -

a. the warehouse receipt covering the goods is not presented.

b. the lien of the warehouseman is not satisfied.

c. the said holder presents a materially altered warehouse receipt.

d. All of the above.

7. The legal remedy of the warehouseman in case of conflicting claims is to ---

a. file an action for interpleader.

b. give the goods to the first one who first presented the warehouse receipt.

c. use his discretion as to who he believes has the prior right.

d. keep the goods and appropriate them to himself.

8. BBB Banking Corporation issued a Letter of Credit in the amount of P5Million, for the
purchase of five (5) tons of corn by X. Upon arrival of the goods, the goods were
delivered to the warehouse of X. Thereafter he was asked to sign a Trust Receipt
covering the goods. When the goods were sold, X did not deliver the proceeds to BBB
Banking Corporation, arguing that he will need the fund for the subsequent importation.
Is there sufficient basis to sue for criminal action?

a. Yes, because X's failure to turn over the proceeds to the bank is a violation of
the Trust Receipt Law.

b. No, because the trust receipt was signed only after the delivery of the goods.
When the trust receipt was signed, the ownership of the goods was already with
X.

c. Yes, because violation of Trust Receipt Law is mala prohibita, intention is


irrelevant.
d. No, because X has a valid reason not to deliver the proceeds to BBB Banking
Corporation.

9. X secured a loan from BBB Bank to pay for the importation of some dried fruits. Upon
arrival of the goods consisting of dried fruits imported by X but before delivery to him, a
trust receipt was executed by X to cover the transfer of the dried fruits to his
possession. The dried fruits were so saleable but instead of turning over the proceeds
of the sale, X used the funds to pay for the medical expenses of his mother who was
sick of cancer of the bone. Which statement is most accurate?

a. X cannot be held criminally liable because although he did not pay the bank he
used the proceeds for a good reason.

b. Fraud or deceit is a necessary element to hold X criminally liable for non -


payment under the Trust Receipts Law.

c. X can be held criminally liable under the Trust Receipts Law regardless of the
purpose or intention for the use of the proceeds.

d. X cannot be held criminally liable because the underlying obligation is one of


simple loan.

10. X is the President of AAA Products Corporation. X signs all the Trust Receipts
documents for certain importations of the company. In the event of failure to deliver the
proceeds of the sale of the goods to the bank, which statement is most accurate?

a. The criminal liability will not attach to X as President because of separate


juridical personality.

b. For violation of Trust Receipts Law, the law specifically provides for the
imposition of penalty upon directors I officers of the corporation.

c. The officer will not be held criminally accountable because he is just signing the
trust receipt for and in behalf of the corporation.

d. The officer of the corporation will be held liable provided it is clear that the officer
concerned participated in the decision not to pay.

11. Who is the Entrustee in a Trust Receipt arrangement?


a. the owner of the goods;

b. the one who holds the goods and receives the proceeds from the sale of the
goods;

c. the person to whom goods are delivered for sale and who bears the risk of the
loss;

d. the party who acquires security interest in the goods.

12. Which phrase best completes the statement - In accordance with the Trust Receipt
Law, purchasers of the goods from the Entrustee will:

a. get the goods only as a collateral;

b. not get good title to the goods;

c. only get security interest over the goods;

d. get good title to the goods.

13. X acted as an accommodation party in signing as a maker of a promissory note. Which


phrase best completes the sentence - This means that X is liable on the instrument to
any holder for value:

a. for as long as the holder does not know that X is only an accommodation party.

b. even though the holder knew all along that X is only an accommodation party.

c. for as long as X did not receive any consideration for acting as accommodation
party.

d. provided X received consideration for acting as accommodation party.

14. X issued a promissory note which states, "I promise to pay Y or order Php100,000.00 or
one (1) unit Volvo Sedan." Which statement is most accurate?

a. The promissory note is negotiable because the forms of payment are clearly
stated.

b. The promissory note is non-negotiable because the option as to which form of


payment is with the maker.
c. The promissory note is an invalid instrument because there is more than one
form of payment.

d. The promissory note can be negotiated by way of delivery.

15. X issued a promissory note which states "I promise to pay Y or bearer the amount of
HK$50,000 on or before December 30, 2013." Is the promissory note negotiable?

a. No, the promissory note becomes invalid because the amount is in foreign
currency.

b. Yes, the promissory note is negotiable even though the amount is stated in
foreign currency.

c. No, the promissory note is not negotiable because the amount is in foreign
currency.

d. Yes, the promissory note is negotiable because the Hong Kong dollar is a
known foreign currency in the Philippines.

16. X delivered a check issued by him and payable to the order of CASH to Y in payment
for certain obligations incurred by X in favor of Y. Y then delivered the check to Z in
payment for certain obligations. Which statement is most accurate?

a. Z can encash the check even though Y did not indorse the check.

b. Z cannot encash the check for lacking in proper endorsement.

c. Y is the only one liable because he was the one who delivered the check to Z.

d. The negotiation is not valid because the check is an instrument payable to


order.

17. A stale check is a check -

a. that cannot anymore be paid although the underlying obligation still exists.

b. that cannot anymore be paid and the underlying obligation under the check is
also extinguished.

c. that can still be negotiated or indorsed so that whoever is the holder can
d. which has not been presented for payment within a period of thirty (30) days.

18. In payment for his debt in favor of X, Y gave X a Manager's Check in the amount of
Php100,000 dated May 30, 2012. Which phrase best completes the statement - A
Manager's Check:

a. is a check issued by a manager of a bank for his own account.

b. is a check issued by a manager of a bank in the name of the bank against the
bank itself for the account of the bank.

c. is like any ordinary check that needs to be presented for payment also.

d. is better than a cashier's check in terms of use and effect.

19. Which phrase best completes the statement -- A check which is payable to bearer is a
bearer instrument and:

a. negotiation can be made by delivery only;

b. negotiation must be by written indorsement;

c. negotiation must be by specific indorsement;

d. negotiation must be by indorsement and delivery.

20. As payment for a debt, X issued a promissory note in favor of Y but the promissory note
on its face was marked non-negotiable. Then Y instead of indorsing the promissory
note, assigned the same in favor of Z to whom he owed some debt also. Which
statement is most accurate?

a. Z cannot claim payment from X on the basis of the promissory note because it is
marked non-negotiable.

b. Z can claim payment from X even though it is marked non-negotiable.

c. Z can claim payment from Y because under the Negotiable Instrument Law,
negotiation and assignment is one and the same.

d. Z can claim payment from Y only because he was the endorser of the
promissory note.
21. Negotiable instruments are used as substitutes for money, which means -

a. that they can be considered legal tender.

b. that when negotiated, they can be used to pay indebtedness.

c. that at all times the delivery of the instrument is equivalent to delivery of the
cash.

d. that at all times negotiation of the instruments requires proper indorsement.

22. The signature of X was forged as drawer of a check. The check was deposited in the
account of Y and when deposited was accepted by AAA Bank, the drawee bank.
Subsequently, AAA Bank found out that the signature of X was actually forged. Which
statement is most accurate?

a. The drawee bank can recover from Y, because the check was deposited in his
account.

b. The drawee bank can recover from X, because he is the drawer even though his
signature was forged.

c. The drawee bank is estopped from denying the genuineness of the signature of
the X, the drawer of the check.

d. The drawee bank can recover from Y because as endorser he warrants the
genuineness of the signature.

23. A issued a check in the amount of Php20,000 payable to B. B endorsed the check but
only to the extent of Php1 0,000. Which statement is most accurate?

a. The partial indorsement is not a valid indorsement, although will result in the
assignment of that part.

b. The partial indorsement will invalidate the whole instrument.

c. The endorsee will be considered as a holder in due course.

d. The partial indorsement is valid indorsement up to the extent of the Php10,000.

24. A promissory note which does not have the words "or order" or "or bearer" will render
the promissory note non-negotiable, and therefore -
a. it will render the maker not liable;

b. the note can still be assigned and the maker made liable;

c. the holder can become holder in due course;

d. the promissory note can just be delivered and the maker will still be liable.

25. A check is -

a. a bill of exchange;

b. the same as a promissory note;

c. is drawn by a maker;

d. a non-negotiable instrument.

26. A check was issued to Tiger Woods. But what was written as payee is the word "Tiger
Woods". To validly endorse the check -

a. Tiger Woods must sign his real name.

b. Tiger Woods must sign both his real name and assumed name.

c. Tiger Woods can sign his assumed name.

d. the check has become non-negotiable.

27. Y, as President of and in behalf of AAA Corporation, as a way to accommodate X, one


of its stockholders, endorsed the check issued by X. Which statement is most acurate?

a. It is an ultra vires act.

b. It is a valid indorsement.

c. The corporation will be held liable to any holder in due course.

d. It is an invalid indorsement.

28. In a negotiable instrument, when the sum is expressed both in numbers and in words
and there is discrepancy between the words and the numbers -

a. the sum expressed in words will prevail over the one expressed in numbers.
b. the sum expressed in numbers will prevail over the one expressed in words.

c. the instrument becomes void because of the discrepancy.

d. this will render the instrument invalid.

29. A promissory note which is undated is presumed to be -

a. dated as of the date of issue;

b. dated as of the date of the first indorsement;

c. promissory note is invalid because there is no date;

d. dated on due date.

30. An insurance contract is an aleatory contract, which means that -

a. the insurer will pay the insured equivalent to the amount of the premium paid.

b. the obligation of the insurer is to pay depending upon the happening of an


uncertain future event.

c. the insured pays a fixed premium for the duration of the policy period and the
amount of the premiums paid to the insurer is not necessarily the same amount
as what the insured will get upon the happening of an uncertain future event.

d. the obligation of the insurer is to pay depending upon the happening of an event
that is certain to happen.

31. An Insurance Contract is a contract of adhesion, which means that in resolving


ambiguities in the provision of the insurance contract, -

a. the general rule is that, the insurance contract is to be interpreted strictly in


accordance with what is written in the contract.

b. are to be construed liberally in favor of the insured and strictly against the
insurer who drafted the insurance policy.

c. are to be construed strictly against the insured and liberally in favor of the
insurer.

d. if there is an ambiguity in the insurance contract, this will invalidate the contract.
32. X is the common law wife of Y. Y loves X so much that he took out a life insurance on
his own life and made her the sole beneficiary. Y did this to ensure that X will be
financially comfortable when he is gone. Upon the death of Y, -

a. X as sole beneficiary under the life insurance policy on the life of Y will be
entitled to the proceeds of the life insurance.

b. despite the designation of X as the sole beneficiary, the proceeds of the life
insurance will go to the estate of Y.

c. the proceeds of the life insurance will go to the compulsory heirs of Y.

d. the proceeds of the life insurance will be divided equally amongst X and the
compulsory heirs of Y.

33. X, in January 30, 2009, or two (2) years before reaching the age of 65, insured his life
for Php20Million. For reason unknown to his family, he took his own life two (2) days
after his 65th birthday. The policy contains no excepted risk. Which statement is most
accurate?

a. The insurer will be liable.

b. The insurer will not be liable.

c. The state of sanity of the insured is relevant in cases of suicide in order to hold
the insurer liable.

d. The state of sanity of the insured is irrelevant in cases of suicide in order to hold
the insurer liable.

34. X, a minor, contracted an insurance on his own life. Which statement is most accurate?

a. The life insurance policy is void ab initio.

b. The life insurance is valid provided it is with the consent of the beneficiary.

c. The life insurance policy is valid provided the beneficiary is his estate or his
parents, or spouse or child.

d. The life insurance is valid provided the disposition of the proceeds will be
subject to the approval of the legal guardian of the minor.
35. The "incontestability clause" in a Life Insurance Policy means ---

a. that life insurance proceeds cannot be claimed two (2) years after the death of
the insured.

b. that two (2) years after date of issuance or reinstatement of the life insurance
policy, the insurer cannot anymore prove that the policy is void ab initio or
rescindable by reason of fraudulent concealment or misrepresentation of the
insured.

c. that the insured can still claim from the insurance policy after two (2) years even
though premium is not paid.

d. that the insured can only claim proceeds in a life insurance· policy two (2) years
after death.

36. For both the Life Insurance and Property Insurance, the insurable interest is required to
be -

a. existing at the time of perfection of the contract and at the time of loss.

b. existing at the time of perfection and at the time of loss for property insurance
but only at the time of perfection for life insurance.

c. existing at the time of perfection for property insurance but for life insurance
both at the time of perfection and at the time of loss.

d. existing at the time of perfection only.

37. A house and lot is covered by a real estate mortgage (REM) in favor of ZZZ Bank. The
bank required that the house be insured. The owner of the policy failed to endorse nor
assign the policy to the bank. However, the Deed of Real Estate Mortgage has· an
express provision which says that the insurance policy is also endorsed with the signing
of the REM. Will this be sufficient?

a. . No, insurance policy must be expressly endorsed to the bank so that the bank
will have a right in the proceeds of such insurance in the event of loss.

b. The express provision contained in the Deed of Real Estate Mortgage to the
effect that the policy is also endorsed is sufficient.
c. Endorsement of Insurance Policy in any form is not legally allowed.

d. Endorsement of the Insurance Policy must be in a formal document to be valid.

38. X is a passenger of a jeepney for hire being driven by Y. The jeepney collided with
another passenger jeepney being driven by Z who was driving recklessly. As a result of
the collision, X suffered injuries. Both passenger jeepneys are covered by
Comprehensive Motor Vehicular Insurance Coverage. If X wants to claim under the "no
fault indemnity clause", his claim will lie -

a. against the insurer of the jeepney being driven by Z who was the one at fault.

b. the claim shall lie against the insurer of the passenger jeepney driven by Y
because X was his passenger.

c. X has a choice against whom he wants to make his claim.

d. None of the above.

39. X insured the building she owns with two (2) insurance companies for the same
amount. In case of damage, -

a. X can not claim from any of the two (2) insurers because with the double
insurance, the insurance coverage becomes automatically void.

b. the two (2) insurers will be solidarily liable to the extent of the loss.

c. the two (2) insurers will be proportionately liable.

d. X can choose who he wants to claim against.

40. When X insured his building, X indicated in the application that it is a residential
building, but actually the building was being used as a warehouse for some hazardous
materials. What is the effect on the insurance policy, i f any?

a. The insurance policy can be cancelled because of the change in the use.

b. The insurance policy will automatically be changed.

c. The insurance policy need not be changed.

d. The insurance policy is fixed regardless of the change in the use.


41. X owned a house and lot. X insured the house. The house got burned. Then he sold the
partially burnt house and the lot to Y. Which statement is most accurate?

a. X is not anymore entitled to the proceeds of the insurance policy because he


already sold the partially burnt house and lot.

b. X is still entitled to the proceeds of the insurance policy because what is material
is that at the time of the loss, X is the owner of the house and lot.

c. No one is entitled to the proceeds because ownership over the house and lot
was already transferred.

d. Y will be the one entitled to the proceeds because he now owns the partially
burnt house and lot.

42. X, while driving his Toyota Altis, tried to cross the railway tract of Philippine (xxx line 2
unread text xxx) approached Blumentritt Avenida Ext., applied its horn as a warning to
all the vehicles that might be crossing the railway tract, but there was really nobody
manning the crossing. X was listening to his lpod touch, hence, he did not hear the
sound of the horn of the train and so his car was hit by the train. As a result of the
accident, X suffered some injuries and his car was totally destroyed as a result of the
impact. Is PNR liable?

a. PNR is not liable because X should have known that he was crossing a place
designated as crossing for train, and therefore should have been more careful.

b. PNR is liable because Railroad companies owe to the public a duty of exercising
a reasonable degree of care to avoid injury to person and property at railroad
crossings which means a flagman or a watchman should have been posted to
warn the public at all times.

c. PNR is not liable because it blew its horn when it was about to cross the railway
along Blumentritt Avenida Ext.

d. PNR is not liable because X was negligent, for listening to his lpod touch while
driving.
43. The AAA Bus Company picks up passengers along EDSA. X, the conductor, while on
board the bus, drew his gun and randomly shot the passengers inside. As a result, Y, a
passenger, was shot and died instantly. Is AAA Bus Company liable?

a. The bus company is not liable for as long as the bus company can show that
when they hired X, they did the right selection process.

b. The bus company cannot be held liable because what X did is not part of his
responsrbility.

c. The bus company is liable because common carriers are liable for the
negligence or willful act of its employees even though they acted beyond the
scope of their responsibility.

d. The bus company is not liable because there is no way that the bus company
can anticipate the act of X.

44. X is a trader of school supplies in Calapan, Oriental Mindoro. To bring the school
supplies to Calapan, it has to be transported by a vessel. Because there were so many
passengers, the two (2) boxes of school supplies were loaded but the shipping
company was not able to issue the Bill of Lading. So, on board, the Ship Captain issued
instead a "shipping receipt" to X indicating the two (2) boxes of school supplies being
part of the cargo of the vessel. Which phrase therefore, is the most accurate?

a. the owner of the vessel is not liable because no bill of lading was issued to X
hence, no contract of carriage was perfected.

b. it is possible to have a contract of carriage of cargo even without a bill of lading,


and the "shipping receipt" would be sufficient.

c. the only acceptable document of title is a Bill of Lading.

d. None of the above.

45. X took Philippine Airlines Flight PR 102 to Los Angeles, USA. She had two (2) luggage
checked-in and was issued two (2) baggage checks. When X reached Los Angeles one
(1) of the two (2) checked in luggage could not be found. Which statement is most
accurate?
a. PAL is liable for the loss of the checked- in luggage under the provisions of the
Warsaw Convention on Air Transport.

b. PAL is liable for the loss only if the baggage check expressly states that the
airline shall be liable in case of loss.

c. PAL cannot be held liable because that is the risk that a passenger takes when
she checks- in her baggage.

d. PAL can only be held liable if it can be proven that PAL was negligent.

46. X owns a passenger jeepney covered by Certificate of Public Convenience. He allowed


Y to use its Certificate of Convenience for a consideration. Y therefore was operating
the passenger jeepney under the same Certificate of Public Convenience (Kabit
System) under the name of X. The passenger jeepney met an accident. Who will be
liable?

a. Y, the one actually operating the jeepney, will be liable to the injured party.

b. X will be the one liable to the injured party despite the fact that it is Y who is
actually operating the jeepney, because while the Kabit System is tolerated, the
public should not be inconvenienced by the arrangement.

c. X will not be held liable if he can prove that he is not the owner anymore.

d. Public Policy dictates that the real owner, even not the registered one, will be
held liable.

47. X owns a fleet of taxicabs. He operates it through what is known as boundary system. Y
drives one of such taxicabs and pays X a fixed amount of Php1 ,000 daily under the
boundary system. This means that anything above Php1 ,000 would be the earnings of
Y. Y, driving recklessly, hit an old lady crossing the street. Which statement is most
accurate?

a. X as the owner is exempt from liability because he was not the one driving.

b. X as the owner is exempt from liability because precisely the arrangement is


one under the "boundary system".
c. X will not be exempt from liability because he remains to be the registered
owner and the boundary system will not allow the circumvention of the law to
avoid liability.

d. Y is the only one liable because he drove recklessly.

48. The Articles of Incorporation of AAA Corporation was approved by the Securities and
Exchange Commission (SEC). After the receipt of the Certificate of Approval from the
SEC, AAA Corporation decided to immediately start the operation of its business
despite the fact that it has no approved By-Laws. What is the legal status of the AAA
Corporation?

a. A de jure corporation;

b. A de facto corporation;

c. A corporation by estoppel;

d. An unregistered corporation.

49. X, the President of ZZZ Corporation, was authorized by the Board of Directors of ZZZ
Corporation to obtain a loan from YYY Bank and to sign documents in behalf of the
corporation. X personally negotiated for the loan and got tile loan at very low interest
rates. Upon maturity of the loan, ZZZ Corporation was unable to pay. Which statement
is most accurate?

a. Because X was personally acting in behalf of the Corporation, he can be held


personally liable.

b. X, as President, cannot be personally held liable for the obligation of the


corporation even though he signed all the loan documents, because the loan
was authorized by the Board.

c. YYY Bank can choose as to who it wants to hold liable for the loan.

d. If ZZZ Corporation cannot pay, X can be held subsidiarity liable.

50. X owns 99% of the capital stock of SSS Corporation. X also owns 99% of TTT
Corporation. SSS Corporation obtained a loan from VW Bank. On due date, SSS
Corporation defaulted. TTT Corporation is financiallyhealthy. Which statement is most
accurate?

a. X being a controlling owner of SSS Corporation can automatically be held


personally liable for the loan of SSS Corporation.

b. TTT Corporation, owned 99% by X, can automatically be held liable.

c. SSS Corporation and TTT Corporation, although both are owned by X, are two
(2) distinct corporations with separate juridical personalities hence, the TTT
Corporation cannot automatically be held liable for the loan of SSS Corporation.

d. The principle of piercing the veil of corporate fiction can be applied in this case.

51. A corporation generally can issue both par value stock and no par value stock. These
are all fixed in the Articles of Incorporation of the corporation. Which of the following
corporations may not be allowed to issue no par value shares?

a. Insurance companies;

b. Banks;

c. Trust companies;

d. All of the above.

52. Father X, an American priest who came from New York, registered the Diocese of
Bacolod of the Roman Catholic Church which was incorporated as a corporation sole.
There were years when the head of the Diocese was a Filipino, but there were more
years when the heads were foreigners. Today, the head is an American again. Y
donated a piece of land located in Bacolod City for use as a school. Which statement is
most accurate?

a. The Register of Deeds of Bacolod City can refuse to register and transfer the
title because the present head of the corporation sole is not a Filipino.

b. The nationality of a corporation sole depends upon the nationality of the head at
any given time.

c. A corporation sole, regardless of the nationality of the head, can acquire real
property either by sale or donation.
d. A corporation sole is not legally allowed to own real property.

53. The number of the Board of Trustees of a non-stock, non-profit educational institution
should be ---

a. five (5) only

b. any number for as long as it is not less than five (5) and no more than eleven
(11)

c. any number in multiples of five (5), for as long as it is not less than five (5) and
no more than fifteen (15).

d. not less than five (5) nor more than ten (1 0) in multiples of five (5).

54. X subscribed 10,000 shares in the capital stocks of AAA Corporation. He paid 50% of
the 10,000 shares. X asked the Corporate Secretary to issue him the corresponding
stock certificate representing the 50% of what he already paid. The Corporate Secretary
of the corporation refused. Was the Corporate Secretary correct?

a. The Corporate Secretary is correct because the Corporation Code provides that
no certificate of stock shall be issued to a subscriber until the shares as
subscribed have been fully paid.

b. The Corporate Secretary cannot refuse because a Stock Certificate can be


issued corresponding to the percentage of shares which were paid.

c. The Corporate Secretary cannot refuse because a Certificate of Stock can be


issued provided it is indicated in the Certificate the actual percentage of what
has been paid.

d. The Corporate Secretary cannot refuse because it is his legal duty to issue a
stock certificate corresponding to the number of shares actually subscribed
regardless of the actual payment.

55. XXX Corporation and YYY Corporation have agreed to be merged into one corporation.
To facilitate the merger, both corporations agreed that the merger be made effective on
May 31,2012. The Securities and Exchange Commission (SEC) approved the Articles
of Merger on June 30, 2012. Which statement is most accurate?
a. The effective date of the merger is May 31, 2012, the date stipulated by the
parties as the effective date.

b. The effective date of the merger is always the date of the approval of the
Articles of Merger by the SEC.

c. The effective date of the merger would be the date approved by the Board of
Directors and the stockholders.

d. The stockholders and the Board of Directors can set the effective date of the
merger anytime after the approval of the SEC.

56. AAA Corporation is a wholly owned subsidiary of BBB Corporation. To support the
business of AAA Corporation, BBB Corporation agreed to give its corporate guarantee
to the loan of AAA Corporation. What is required so that the corporate guarantee will be
valid?

a. It only requires the approval of the Board of Directors of BBB Corporation.

b. The Articles of Incorporation must provide such power and be approved by the
Board of Directors.

c. Providing corporate guarantee to another corporation is a necessary exercise of


power of a corporation.

d. It would require both the approval of the Board of Directors and the stockholders
on record.

57. The capital stock of ABC Corporation is divided into common shares and preferred
shares. Preferred shares are preferred as to dividends and common shares are those
shares which have the regular and ordinary attributes of a share of a corporation. Which
statement is most accurate?

a. This kind of classification may not be allowed or else it will violate the Doctrine
of Equality of shares.

b. Classifications of shares may be allowed for as long as it is clearly stated as


such in the Articles of Incorporation of the Corporation.

c. Classifications of shares is mainly for business purpose to attract investors.


d. Classifications of shares may be allowed with the approval of the stockholders
and the Board of Directors.

58. ABC Corporation declared stock dividends to its stockholders. The stock dividends
were approved by the Board of Directors of ABC Corporation. In the subsequent year
however, the Board again approved the redemption of all stock dividends and to pay
the shareholdings in cash. Which statement is most accurate?

a. The redemption of the stock dividends can be validly approved by the Board
without any conditions.

b. The redemption of stock dividends may only be allowed if there are sufficient
earnings and should not be violative of the trust fund doctrine.

c. The redemption of the shares may be taken from the existing property and other
assets of the corporation.

d. None of the above.

59. X sold all his shares in AAA Hotel Corporation to Y. X owns 99% of AAA Hotel
Corporation. As the new owner, Y wanted a reorganization of the hotel which is to
include primarily the separation of all existing employees and the hiring of new
employees. Which statement is most accurate?

a. With the change in ownership, in effect there is a new juridical entity and
therefore all employees are considered separated.

b. Despite the change in shareholder, there is actually no change in the juridical


entity and therefore existing employees can not automatically be considered
separated.

c. Y, as the new shareholder, has the right to retain only those employees who in
his judgment are qualified.

d. For as long as the existing employees are given their separation pay, they can
be terminated.

60. South China Airlines is a foreign airline company. South China Airlines tickets are sold
in the Philippines though Philippine Airlines as their general agent. South China Airlines
is not registered to do business as such with the Philippine Securities and Exchange
Commission. Which statement is most accurate?

a. Although unlicensed to do business in the Philippines, South China Airlines can


sue before the Philippine Courts and can also be sued.

b. South China Airlines can sue but cannot be sued.

c. South China Airlines cannot sue and cannot be sued also.

d. South China Airlines can be sued in Philippine Courts but cannot sue.

61. So that ABC Corporation could venture into more projects, it needed to raise funds by
issuing new shares to increase its capitalization. X, Y, Z, J and G are the five existing
shareholders of the company. They hold 20% each. How will the additional shares be
divided among the existing shareholders?

a. The existing shareholders can subscribe to the new shares equivalent to their
existing shareholdings because the Corporation Code provides that each of the
existing stockholders will have preemptive rights to the extent of their existing
shareholdings.

b. The existing shareholders' preemptive rights is equivalent to the percentage that


they want.

c. Each of the existing shareholder can exercise their right of first refusal against
each other.

d. Preemptive rights and right of first refusal are one and the same.

62. If ABC Corporation will increase its authorized capital stock, the Corporation Code
requires -

a. the approval of the majority of the Board of Directors only.

b. the approval of the majority of the stockholders and the Board of Directors.

c. the approval of 2/3 of the shareholders of the outstanding capital stock as well
as the approval of the Securities and Exchange Commission.
d. the approval of the majority of the Board of Directors and approval of the
shareholders holding 2/3 share of the outstanding capital stock.

63. X is a minority stockholder of CCC Corporation. Y is a member of the Board of Directors


of CCC Corporation and at the same time he is the President. X believes that Y is
mismanaging CCC Corporation hence, as a stockholder and in behalf of the other
stockholders, he wanted to sue Y. Which statement is most accurate?

a. X can institute a derivative suit in behalf of himself as a stockholder.

b. A derivative suit must be instituted in behalf of the corporation.

c. Derivative suit is an exclusive remedy that X can institute.

d. Derivative suit is not the remedy in this situation.

64. The term GGG Corporation in accordance with its Articles of Incorporation ended last
January 30, 2012. The term was not extended. What will happen to the corporation?

a. The corporation is dissolved ipso facto.

b. There is a need to pass a board resolution to formally dissolve the corporation.

c. The Board of Directors must pass a resolution for the corporation to formally go
into liquidation.

d. The stockholders must pass a resolution to dissolve the corporation.

65. The term of one (1) year of the Board of Directors of AAA Corporation expired last
February 15, 2012. No new election of the Board of Directors was called, hence, the
existing members of Board continue as Directors in hold over capacity. Which
statement is most accurate?

a. This is allowed provided there is a valid and justifiable reason for not calling for
an election of the new members of the Board.

b. This is not allowed because the term of the directors must only be for one (1)
year.

c. The positions of the members of the Board of Directors will be automatically


declared vacant.
d. Acting as members of the Board of Directors in a hold over capacity must be
ratified by the stockholders.

66. AAA Corporation is a foreign corporation that wants to operate a representative office
here in the Philippines. As required by the Corporation Code, there is a need to appoint
a Resident Agent as a condition precedent to the issuance of a license to transact
business in the Philippines. After two (2) years, AAA Corporation removed its Resident
Agent and did not appoint anyone anymore. Which statement is the most accurate?

a. This can be a ground for revocation or suspension of its license to do business.

b. There is no more effect in the license because anyway at the time of


registration, a resident agent was appointed.

c. This can be a ground for suspension only.

d. This will result in automatic revocation of its license to do business in the


Philippines.

67. The By-laws of ABC Corporation is silent as to when a stockholder can be qualified to
attend the meeting of the stockholders. The Corporate Secretary sent out the notice of
the stockholders meeting two (2) days before the meeting and at that time X was not
yet a stockholder. On the day of the meeting, however, X became a shareholder which
was duly recorded in the stock and transfer book. Which statement is most accurate?

a. X is a stockholder of ABC Corporation as of the time of meeting of the


stockholders for the purpose of electing the members of the board.

b. X is not qualified to elect members of the board because at the time the notice
of the meeting was sent, she was not yet a stockholder.

c. Qualifications as to who are considered as stockholders on record for purposes


of being able to elect members of the board are to be determined by the By-laws
alone.

d. None of the above.

68. X, who is the Executive Vice President of ABC Corporation, a listed company, can be
held liable or guilty of insider trading if, he -
a. bought shares of ABC Corporation when it was planning to acquire another
company to improve its asset base, the news of which increased the price of the
shares in the Stock Exchange.

b. bought shares of XYC Corporation, a sister company of ABC Corporation when


he learned that XYC Corporation was about to also list its share in the Philippine
Stock Exchange.

c. bought shares of ZZZ Corporation when he learned that ABC Corporation would
acquire ZZZ Corporation.

d. All of the above.

69. The purpose of the "Tender Offer" Rule is to -

a. ensure an even playing field for all shareholders of a company in terms of


opportunity to sell their shareholdings.

b. ensure that minority shareholders in a publicly listed company are protected in


the sense that they will equally have the same opportunity as the majority
shareholders in terms of selling their shares.

c. ensure that the shareholders who would also want to sell their shareholdings will
have the opportunity for a better price.

d. All of the above.

70. Section 38 of The Securities Regulation Code defines an independent director as a


person who must not have a relation with the corporation which would interfere with his
exercise of independent judgment in carrying out the responsibilities of a director. To
ensure independence therefore, he must be -

a. nominated and elected by the entire shareholders;

b. nominated and elected by the minority shareholders;

c. nominated and elected by the majority shareholders;

d. appointed by the Board.

71. "Securities" issued to the public are required by law to be registered with -
a. the Bangko Sentral ng Pilipinas;

b. the Philippine Stock Exchange;

c. the Securities and Exchange Commission;

d. the Securities and Exchange Commission and the Philippine Stock Exchange.

72. The government agency granted with the power of supervision and examination over
banks and non-bank financial institutions performing quasi-banking functions, to ensure
that the conduct of its business is on a sound financial basis that will provide continued
solvency and liquidity is -

a. The Philippine Deposit Insurance Corporation;

b. The Bangko Sentral ng Pilipinas;

c. The Anti-Money Laundering Council;

d. The Securities and Exchange Commission.

73. X maintains a savings deposit in the amount of Php·1 Million with ABC Bank
Corporation. X also has obtained a loan from ABC Bank Corporation in the amount of
Php1 Million. In case of default,

a. ABC Bank can set-off the loan from the savings account being maintained by X
with ABC Bank.

b. Set-off is not possible because legal compensation is not allowed in banking


transaction.

c. Deposit accounts are usually earmarked for specific purpose hence offsetting is
not legally possible.

d. Off -setting is not possible because the obligation of X is a "simple loan".

74. XYZ Corporation is engaged in lending funds to small vendors in various public
markets. To fund the lending, XYZ Corporation raised funds through borrowings from
friends and investors. Which statement is most accurate?

a. XYZ Corporation is a bank.


b. XYZ Corporation is a quasi-bank.

c. XYZ Corporation is an Investment Company.

d. XYZ is none of the above.

75. XXX Bank Corporation and ZZZ Corporation were merged into XX ZZ Bank
Corporation. So as not to create any unnecessary conflict, all the former directors of
both banks wanted to be appointed /elected as members of the Board of Directors of
the merged bank. Each bank used to have eleven (11) members of the board. The
maximum number of directors of the merged bank is -

a. 15;

b. 22;

c. 21;

d. 11.

76. All senior officers of ABC Bank are entitled to obtain a housing loan. X is an Executive
Vice President for Operations of ABC Bank. She obtained a housing loan with the ABC
Bank. Which statement is most accurate?

a. The housing loan of X requires a guarantor from somebody who is not


connected with the bank.

b. The housing loan of X requires the approval of the Board of Directors of the
bank.

c. The housing loan of X, being a benefit for employees, does not require (a) but
will require (b).

d. The housing loan of X, being a benefit for employees, will not require (a) and
(b).

77. ABC Holdings Company, a Hong Kong company, owns 10% of XYZ Bank. Because of
the peace and order situation in the Philippines, ABC Holding Company wanted to sell
its shareholdings in XYZ Bank. Unfortunately, nobody is interested to buy a 1 0%
shareholdings in a bank. The board of directors of XYZ Bank thought that it would be a
good idea to buy back the shares owned by ABC Holding Company. Which statement is
most acurate?

a. Buying back the shares by XYZ Bank is absolutely not allowed.

b. Buying back the shares may be allowed provided it is with the approval of the
Monetary Board and disposed of within six (6) months.

c. Buying back the shares may be allowed provided such shares 'will be disposed
of within ten (1 0) years.

d. Buying back the shares may be done anytime provided the Board of Directors
will approve the same.

78. X is being charged for violation of Anti-Graft and Corrupt Practices because he is
suspected of having accumulated unexplained wealth. X maintains deposit accounts
with ABC Bank. The Ombudsman filed criminal cases against X before the
Sandiganbayan. Can the Court issue subpoenas against ABC Bank to produce all
documents pertaining to all the deposit accounts of X?

a. Yes, because there is already a pending case and provided the subpoena must
be specific as to which account.

b. Yes, it is enough that the specific bank is identified.

c. No, because the issuance of the subpoena has no real legal basis.

d. Even without a subpoena, information about the deposit accounts of X can be


submitted to the Sandiganbayan because it will be used in a pending case.

79. X, a private individual, maintains a dollar deposit with ABC Bank. X is suspected to be
the leader of a Kidnap for Ransom Gang and he is suspected of depositing all ransom
money in said deposit account which are all in US Dollars. The police want to open said
account to know if there are really deposits in big amounts. Which statement is most
accurate?

a. The same rules under Secrecy of Bank Deposit Act will apply.

b. An approval from the Monetary Board is necessary to open the account.


c. Because the deposit is in US Dollars, it is covered by the Foreign Currency
Deposit Act which allows disclosure only upon the written persmission of the
depositor.

d. Approval from the Court is necessary to order disclosure of the account.

80. X is a depositor of AAA Bank. She has three (3) deposit accounts all under her name.
One, in checking account, one in saving account and another one in time deposit
account. Each account has a balance of Php250,000. AAA Bank became insolvent.
Philippine Deposit Insurance Corporation closed the Bank. X therefore is unable to
withdraw from all of the accounts. She then filed her claims with the Philippine Deposit
Insurance Corporation. Which statement is most accurate?

a. X can claim a total of Php500,000 for all the three (3) accounts.

b. X can only claim from one (1) account of Php250,000.

c. X can claim a total of Php750,000 from all the three (3) accounts.

d. X cannot claim anything from any of the deposit accounts.

81. The Bank Secrecy Law (RA 1405) prohibits disclosing any information about deposit
records of an individual without court order except -

a. in an examination to determine gross estate of a decedent.

b. in an investigation for violation of Anti-Graft and Corrupt Practices.

c. in an investigation by the Ombudsman.

d. in an impeachment proceeding.

82. X works as a research computer engineer with the Institute of Computer Technology, a
government agency. When not busy with his work, but during office hours, he
developed a software program for law firms that will allow efficient monitoring of the
cases, which software program is not at all related to his work. Assuming the program is
patentable, who has the right over the patent?

a. x;

b. Institute of Computer Technology;


c. Neither X nor the Institute of Computer Technology can claim patent right over
the invention;

d. X and the employer of X will jointly have the rights over the patent.

83. The "test of dominancy" in the Law on Trademarks, is a way to determine whether there
exists an infringement of a trademark by -

a. determining if the use of the mark has been dominant in the market.

b. focusing on the similarity of the prevalent features of the competing marks which
might create confusion.

c. looking at the mark whether they are similar in size, form or color.

d. looking at the mark whether there is one specific feature that is dominant.

84. X's painting of Madonna and Child was used by her mother to print some personalized
gift wrapper. As part of her mother's efforts to raise funds for Bantay Bata, the mother of
X sold the wrapper to friends. Y, an entrepeneur, liked the painting in the wrapper and
made many copies and sold the same through National Bookstore. Which statement is
most accurate?

a. Y can use the painting for his use because this is not a copyrightable material.

b. X can sue Y for infringement because artistic works are protected from moment
of creation.

c. Works of art need to be copyrighted also to get protection under the law.

d. Y can use the drawing even though not copyrighted because it is already a
public property having been published already.

85. Compulsory Licensing of Inventions which are duly patented may be dispensed with or
will be allowed exploitation even without agreement of the patent owner under certain
circumstances, like national emergency, for reason of public interest, like national
security, etc. The person who can grant such authority is -

a. the Director General of the Intellectual Property Office;

b. the Director of Legal Affairs of the Intellectual Property Office;


c. the owner of the Patent right;

d. any agent of the owner of the Patent right.

86. The Fair Use Doctrine allows others to utilize copyrighted works under certain
conditions. The factors to consider whether use is fair or not would be the purpose and
character of the use, nature of the copyrighted work, amount and substantiality of the
portions used, and what else?

a. effect of the use upon the creator of the work.

b. effect of the use upon the potential market of the work.

c. effect of the use upon the public in general.

d. effect of the use upon the class in which the creator belongs.

87. Which phrase best completes the statement - A chattel mortgage can be constituted to
secure:

a. obligations both past and future;

b. obligations existing at the time the mortgage is constituted;

c. future obligations only;

d. past obligations only.

88. Which phrase best completes the statement - A chattel mortgage can cover:

a. only property described in the deed without exception;

b. can also cover substituted property;

c. properties described in the deed except in case of stock in trade being a


substitute;

d. after acquired property.

89. Which phrase best completes the statement - The Deed of Chattel mortgage, if not
registered with the Register of Deeds where debtor resides:

a. is not valid, hence not binding between the mortgagor and the mortgagee;
b. is binding between the mortgagor and the mortgagee but will not affect third
party;

c. to be valid between the mortgagor and the mortgagee, it must be coupled with
the delivery of the subject matter of the chattel mortgage;

d. is as if a non-existent chattel mortgage.

90. Which phrase best completes the statement - To bind third parties, a chattel mortgage
of shares of stock must be registered:

a. with the Register of Deeds where the debtor resides;

b. with the Register of Deeds where the principal office of the corporation is;

c. in the Stock and Transfer Book of the corporation with the Corporate Secretary;

d. with the Register of Deeds where the debtor resides and the principal office of
the corporation.

91. Which phrase best completes the statement - The affidavit of good faith in a Deed of
Chattel Mortgage is:

a. an oath where the parties swear that the mortgage is made for the purpose of
securing the obligations specified and that the obligation is just and valid;

b. an affidavit, the absence of which will vitiate the mortgage between the parties;

c. necessary only if the chattel being mortgaged are growing crops;

d. a certification from the mortgagor that he is the mortgagor of the chattel.

92. X defaulted in his loan with Y. Y instituted extra-judicial foreclosure of the property
subject of a real estate mortgage that secured the loan. X has one year within which to
redeem the property. After the foreclosure, X filed an action questioning the validity of
the extra- judicial foreclosure sale. Which statement is most accurate?

a. The one (1) year period within which to redeem will be interrupted by the filing of
an action questioning the validity of the foreclosure.

b. The one (1) year period will not be interrupted by the filing of the action.
c. The one (1) year period will be extended for another year because of the filing of
an action questioning the validity of the foreclosure sale.

d. If the action which questions the validity of the foreclosure prospers, the period
will be interrupted.

93. What is the effect if the. proceeds in an extra-judicial foreclosure sale is not sufficient to
pay for the obligation?

a. the mortgagee can claim for deficiency judgment from the debtor.

b. the mortgagee can claim for deficiency judgment from the mortgagor even
though it is a third party mortgage.

c. the mortgagee has no more recourse or claim against the debtor.

d. the mortgagee cannot claim for deficiency judgment from the debtor because its
an extrajudicial foreclosure.

94. X mortgaged her residential house and lot in favor of ABC Bank. X defaulted in her loan
and so the bank foreclosed the real estate mortgage on the residential house. Y then
bought the residential house and lot before the expiration of the redemption period. Can
Y now take possession of the property?

a. No, because it is still covered by the redemption period and the purchaser is not
yet entitled as a matter of right to take possession of the property.

b. Yes, the purchaser is now entitled to the possession of the house.

c. No, because there is a need to talk to X to leave the house.

d. No, because Y was not the one who foreclosed the mortgage on the property.

95. Which phrase best completes the statement - When a debt is secured by a real estate
mortgage, upon default of the debtor:

a. the only remedy of the creditor is to foreclose the real estate mortgage;

b. another remedy is filing an action for collection and then foreclose if collection is
not enough;
c. the creditor can foreclose the mortgage and demand collection for any
deficiency;

d. None of the above.

96. XYZ Corporation bought ten (1 0) units of Honda Civic from CCC Corporation. ABC
Bank granted a loan to XYC Corporation which executed a financing agreement which
provided for the principal amount, the installment payments, the interest rates and the
due dates. On due dates of the installment payments, XYZ Corporation was asked to
pay for some handling charges and other fees which were not mentioned in the
Financing Agreement. Can XYC Corporation refuse to pay the same?

a. No, because handling charges and other fees are usual in certain banking
transactions.

b. Yes, because ABC Bank is required to provide XYZ Corporation not only the
amount of the monthly installments but also the details of the finance charges as
required by the Truth in Lending Act.

c. No, because the Finance Agreement is a valid document to establish the


existence of the obligation.

d. Yes, because legally, finance charges are never allowed in any banking
transaction.

97. Which of the following is an exception to the secrecy of bank deposits which are in
Philippine Pesos, but NOT an exception to the secrecy of foreign currency deposits?

a. Upon Bangko Sentral ng Pilipinas (SSP) inquiry into or examination of deposits


or investments with any bank, when the inquiry or examination is made in the
course of the SSP's periodic special examination of said bank to ensure
compliance with the Anti-Money Laundering Act (AMLA);

b. Upon Philippine Deposit Insurance Corporation (PDIC) and SSP inquiry into and
examination of deposit accounts in case there is a finding of unsafe or unsound
banking practice;

c. Upon inquiry in cases of impeachment;


d. Upon inquiry by the Commissioner of Internal Revenue in the event a taxpayer
files an application to compromise his tax liabilities on the ground of financial
incapacity.

98. The Anti-Money Laundering Law is a law that seeks to prevent money laundering
activities by providing for more transparency in the Philippine Financial System, hence
the following institutions are covered by the law, except:

a. bank and any financial institutions;

b. pawnshops;

c. casino operators;

d. All of the above.

99. For purposes of determining violation of the prov1s1ons of Anti-Money Laundering Law,
a transaction is considered as a "Suspicious Transaction" with "Covered Institutions"
regardless of the amount involved, where which the following circumstances exist/s?

a. the amount involved is not commensurate with the client's business or financial
capacity;

b. there is no underlying legal or trade obligation, purpose or economic


justification;

c. client is not properly identified;

d. All of the above.

100. The main feature of the Foreign Investment Act of 1991 is to introduce the
concept of "Negative Lists". Under the said law, what is a "Negative List"?

a. It is a list of business activities or enterprises in the Philippines that foreigners


are disqualified to engage in.

b. It is a list of business activities or enterprises in the Philippines that foreigners


are qualified to engage in.

c. It is a list of business activities or enterprises that are open to foreign


investments provided it is with the approval of the Board of Investment.
d. It is a list of business activities or enterprises that are open to foreign
investments provided it is with the approval of the Securities and Exchange
Commission.

- NOTHING FOLLOWS -

HAND IN YOUR ANSWER SHEET.

THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.

2012 BAR EXAMINATIONS


CRIMINAL LAW

21 October 2012 10 A.M. - 12 NN.

Set B

ESSAY – TYPE QUESTIONS


INSTRUCTIONS

The following questionnaire consists of ten (10) questions (numbered I to X) contained in FIVE
(5) pages.

Begin your answer to each numbered question on a separate page; an answer to a sub-
question/s under the same number may be written continuously on the same page and
succeeding pages until completed.

Answer the question directly and concisely. Do not repeat the question. Write legibly.

HAND IN YOUR NOTEBOOK. THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO


THE HEAD WATCHER.

GOODLUCK!!!

_____________________________________
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS SIX (6) PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

MERCANTILE LAW

ABC Company filed a Petition for Rehabilitation with the Court. An Order was issued by the
Court, (1) staying enforcement of all claims, whether money or otherwise against ABC
Company, its guarantors and sureties not solidarily liable with the company; and (2) prohibiting
ABC Company from making payments of its liabilities, outstanding as of the date of the filing of
the Petition. XYC Company is a holder of an irrevocable Standby Letter of Credit which was
previously procured by ABC Company in favor of XYC Company to secure performance of
certain obligations. In the light of the Order issued by the Court.

a. Can XYC Company still be able to draw on their irrevocable Standby Letter of Credit
when due? Explain your answer. (5%)

b. Explain the nature of Letters of Credit as a financial devise. (5%)

II

CCC Car, Inc. obtained a loan from BBB Bank, which fund was used to import ten (10) units of
Mercedes Benz S class vehicles. Upon arrival of the vehicles and before release of said
vehicles to CCC Car, Inc., X and Y, the President and Treasurer, respectively, of CCC Car, Inc.
signed the Trust Receipt to cover the value of the ten (10) units of Mercedes Benz S class
vehicles after which, the vehicles were all delivered to the Car display room of CCC Car, Inc.
Sale of the vehicles were slow, and it took a month to dispose of the ten (10) units. CCC Car,
Inc. wanted to be in business and to save on various documentations required by the bank,
decided that instead of turning over the proceeds of the sales, CCC Car, Inc. used the
proceeds to buy another ten (10) units of BMW 3 series.

a. Is the action of CCC Car, Inc. legally justified? Explain your answer. (5%)

b. Will the corporate officers of CCC Car, Inc. be held liable under the circumstances?
Explain your answer. (5%)

III
X borrowed money from Y in the amount of Php1Million and as payment, issued a check. Y
then indorsed the check to his sister Z for no consideration. When Z deposited the check to her
account, the check was dishonored for insufficiency of funds.

a. Is Z a holder in due course? Explain your answer. (5%)

b. Who is liable on the check. The drawer or the indorser? Explain your answer. (5%)

IV

Indicate and explain whether the promissory note is negotiable or non-negotiable.

a. I promise to pay A or bearer Php100,000.00 from my inheritance which I will get after
the death of my father. (2%)

b. I promise to pay A or bearer Php100,000 plus the interest rate of ninety (90) – day
treasury bills. (2%)

c. I promise to pay A or bearer the sum of Php100,000 if A passes the 2012 bar exams.
(2%)

d. I promise to pay A or bearer the sum of Php100.000 on or before December 30, 2012.
(2%)

e. I promise to pay A or bearer the sum of Php100,000. (2%)

X borrowed from CCC Bank. She mortgaged her house and lot in favor of the bank. X insured
her house. Tt1e bank also got the house insured.

a. Is this double insurance? Explain your answer. (3%)

b. Is this legally valid? Explain your answer. (3%)

c. In case of damage, can X and CCC Bank separately claim for the insurance proceeds?
(4%)

VI

X is a Filipino immigrant residing in Sacramento, California. Y is a Filipino residing in Quezon


City, Philippines. Z is a resident alien residing in Makati City. GGG Corporation is a domestic
corporation - 40% owned by foreigners and 60% owned by Filipinos, with T as authorized
representative. CCC Corporation is a foreign corporation registered with the Philippine
Securities and Exchange Commission. KKK Corporation is a domestic corporation (100%)
Filipino owned. S is a Filipino, 16 years of age, arid the daughter of Y.

a. Who can be incorporators? Who can be subscribers? (2%)

b. What are the differences between an incorporator and a subscriber, if there are any?
(2%)

c. Who are qualified to become members of the board of directors of the corporation?
(2%)

d. Who are qualified to act as Treasurer of the company? (2%)

e. Who can be appointed Corporate Secretary? (2%)

VII

X obtained a loan for Php50Million from SSS Bank. The collateral is his vacation house in
Baguio City under a real estate mortgage. X needed more funds for his business so he again
borrowed another Php10Million, this time from BBB Bank, another bank, using the same
collateral. The loan secured from SSS Bank fell due and X defaulted.

a. If SSS Bank forecloses the real estate mortgage, what rights, if any, are left with 888
Bank as mo1igagee also? (2%)

b. If the value of the Baguio property is less than the amount of loan, what would be the
recourse of SSS Bank? BBB Bank? (2%)

c. If the value of the property is more that the amount of the loan, who will benefit from the
excess value of the property? (2%)

d. If X defaulted with its loan in favor of BBB Bank but fully paid his loan with SSS Bank,
can BBB Bank foreclose the real mortgage executed in its favor? (2%)

e. Does X have any legal remedy after the foreclosure in the event that later on he has the
rnoney to pay for the loan? (1%)

f. If SSS Bank and BBB Bank abandon their rights under the real estate mortgage, is
there any legal recourse available to them? (1%)
VIII

X obtained a Php10Million loan from BBB Banking Corporation. The loan is secured by Real
Estate Mortgage on his vacation house in Tagaytay City. The original Deed of Real Estate
Mortgage for the Php10Million was duly registered. The Deed of Real Estate Mortgage also
provides that "The mortgagor also agrees that this mortgage will secure the payment of
additional loans or credit accommodations that may be granted by the mortgagee ... "
Subsequently, because he needed more funds, he obtained another Php5Million loan. On due
dates of both loans, X failed to pay the Php5Million but fully paid the Php10Million. BBB
Banking Corporation instituted extrajudicial foreclosure proceedings.

a. Will the extrajudicial foreclosure prosper considering that the additional Php5Million was
not covered by the registration? (5%)

b. What is the meaning of a "dragnet clause" in a Deed of Real Estate Mortgage? Under
what circumstances will the "dragnet clause" be applicable? ( 5%)

IX

A, B, C, D, E are all duly elected members of the Board of Directors of XYZ Corporation. F, the
general manager, entered into a supply contract with an American firm. The contract was duly
approved by the Board of Directors. However, with the knowledge and consent of F, no
deliveries were made to the American firm. As a result of the non-delivery of the promised
supplies, the American firm incurred damages. The American firm would like to file a suit for
damages. Can the American firm sue:

a. The members of the Board of Directors individually, because they approved the
transaction? (2%)

b. The corporation? (2%)

c. F, the general manager, personally, because the non-delivery was with his knowledge
and consent? (2%)

d. Explain the rules on liabilities of a corporation for the act of its corporate officers and the
liabilities of the corporate officers and Board of Directors of a corporation acting in
behalf of the corporation. (4%)

X
AAA Corporation is a bank. The operations of AAA Corporation as a bank was not doing well.
So, to avert any bank run, AAA Corporation, with the approval of the Monetary Board, sold all
its assets and liabilities to BBB Banking Corporation which includes all deposit accounts. In
effect then, BBB Corporation will service all deposits of all depositors of AAA Corporation.

a. Will the sale of all assets and liabilities of AAA Corporation to BBB Banking Corporation
automatically dissolve or terminate the corporate existence of AAA Corporation?
Explain your answer. (5%)

b. What are the legal requirements in order that a corporation may be dissolved? (5%)

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HAND IN YOUR NOTEBOOK.

THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.

BAR EXAMINATION 2013


MERCANTILE LAW

October 20, 2013 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS

1. This Questionnaire contains FIFTEEN (15) pages including these Instructions pages.
Check the number of pages and the page numbers at the upper right hand corner of each
page of this Questionnaire and make sure it has the correct number of pages and their proper
numbers.

There are TEN (10) Essay Questions numbered I to X, and FIFTEEN (15) Multiple Choice
Questions (MCQs)numbered I to XV (with subquestions), to be answered within four (4)
hours.

The essay portion contains questions that are worth 80°/o of the whole examination, while the
MCQ portion contains questions worth 20%.
2. Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only at the front, not
the back, page of every sheet in your Examination Notebook. Note well the allocated
percentage points for each number, question, or sub-question. In your answers, use the
numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use
the back pages of every sheet of your Examination Notebook, starting at the back page of the
first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question,
to select the material from the immaterial facts, and to discern the points upon which the
question turns. It should show your knowledge and understanding of the pertinent principles
and theories of law involved and their qualifications and limitations. It should demonstrate your
ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a
sound conclusion from the given premises.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully .explain your answers although the question
does not expressly ask for an explanation. At the same time, remember that a complete
explanation does not require that you volunteer information or discuss legal doctrines that are
not necessary or pertinent to the solution to the problem. You do not need tore-write or repeat
the question in your Examination Notebook.

4. MCQs are to be answered by writing in your Examination Notebook the capital letter (A, B,
C, D, or E) corresponding to your chosen answer. The MCQ answers should begin in the
page following the last page of your essay answers.

There is only one correct answer to every MCQ; choose the BEST answer from among the
offered choices. Note that some MCQs may need careful analysis both of the questions and
the choices offered.
5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on
your Examination Notebook that can serve as an identifying mark/s (such as names that are
not in the given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the Examination Notebook
is considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

J. ARTURO D. BRION
Chairman
2013 Bar Examinations

ESSAY QUESTIONS

I.

Antonio issued the following instrument:

August 10,2013
Makati City

P100,000.00

Sixty days after date, I promise to pay Bobby or his designated .representative the sum of
ONE HUNDRED THOUSAND PESOS(P 100,000.00) from my BPI Acct. No. 1234 if, by this
due date, the sun still sets in the west to usher in the evening and rises in the east the
following morning to welcome the day.

(Sgd.) Antonio Reyes

Explain each requirement of negotiability present or absent in the instrument. (8%)

II.

Benny applied for life insurance for Php 1.5 Million. The insurance company approved his
application and issued an insurance policy effective Nov. 6, 2008. Benny named his children
as his beneficiaries. On April 6, 2010, Benny died of hepatoma, a liver ailment.
The insurance company denied the children's claim for the proceeds of the insurance policy
on the ground that Benny failed to disclose in his application two previous consultations with
his doctors for diabetes and hypertension, and that he had been diagnosed to be suffering
from hepatoma. The insurance company also rescinded the policy and refunded the premiums
paid.

Was the insurance company correct? (8%)

III.

From his first term in 2007, Congressman Abner has been endorsing his pork barrel
allocations to Twin Rivers in exchange for a commission of 40% of the face value of the
allocation. Twin Rivers is a non-governmental organization whose supporting papers, after
audit, were found by the Commission on Audit to be fictitious. Other than to prepare and
submit falsified papers to support the encashment of the pork barrel checks, Twin Rivers does
not appear to have done anything on the endorsed projects and Congressman Abner likewise
does not appear to have bothered to monitor the progress of the projects he endorsed. The
congressman converted most of the commissions he generated into US dollars, and
deposited these in a foreign currency account with Banco de Plata (BDP).

Based on amply-supported tips given by a congressman from another political party, the Anti-
Money Laundering Council sent BDP an order: (1) to confirm Cong. Abner's deposits with the
bank and to provide details of these deposits; and (2) to hold all withdrawals and other
transactions involving the congressman's bank accounts.

As counsel for BDP, would you advise the bank to comply with the order? (8%)

IV.

Rudy is a fine arts student in a university. He stays in a boarding house with Bernie as his
roommate. During his free time, Rudy would paint and leave his finished works lying around
the boarding house. One day, Rudy saw one of his works -an abstract painting entitled Manila
Traffic Jam - on display at the university cafeteria. The cafeteria operator said he purchased
the painting from Bernie who represented himself as its painter and owner.
Rudy and the cafeteria operator immediately confronted Bernie. While admitting that he did
not do the painting, Bernie claimed ownership of its copyright since he had already registered
it in his name with the National Library as provided in the Intellectual Property Code.

Who owns the copyright to the painting? Explain. (8%)

V.

You are a member of the legal staff of a law firm doing corporate and securities work for Coco
Products Inc., a company with unique products derived from coconuts and whose shares are
traded in the Philippine Stock Exchange. A partner in the law firm, Atty. Buenexito, to whom
you report, is the Corporate Secretary of Coco Products. You have long been investing in
Coco Products stocks even before you became a lawyer.

While working with Atty. Buenexito on another file, he accidentally gave you the Coco
Products file containing the company's planned corporate financial rehabilitation. While you
knew you had the wrong file, your curiosity prevailed and you browsed through the file before
returning it. Thus, you learned that a petition for financial rehabilitation is imminent, as the
company could no longer meet its obligations as they fell due.

Soon after, your mother is rushed to the hospital for an emergency operation, and you have to
raise money for her hospital bills. An immediate option for you is to sell your Coco Products
shares. The sale would be very timely because the price of the company's stocks are still high.

Would you sell the shares to raise the needed funds for your mother's hospitalization? Take
into account legal (5%) and ethical (3%) considerations. (8% total points)

VI.

Delano Cruz is in default in the payment of his existing loan from BDP Bank. To extend and
restructure this loan, Delano agreed to execute a trust receipt in the bank's favor covering the
iron pellets Delano imported from China one year earlier. Delano subsequently succeeded in
selling the iron pellets to a smelting plant, but the proceeds went to the payment of the
separation benefits of his employees who were laid off as he reduced his operations.

When the extended loan period expired without any significant payment from Delano (not
even to the extent of the proceeds of the sale of the iron pellets),BDP Bank consulted you on
how to proceed against Delano. The bank is contemplating the filing of estafa pursuant to the
provisions of Pres. Decree No. 115 (Trust Receipts Law) to force Delano to tum in at least the
proceeds of the sale of the iron pellets.

Would you, as bank counsel and as an officer of the court, advise the bank to proceed with its
contemplated action? (8%)

VII.

Stable Insurance Co. (SIC) and St. Peter Manufacturing Co. (SPMC) have had a long-
standing insurance relationship with each other; SPMC secures the comprehensive fire
insurance on its plant and facilities from SIC. The standing business practice between them
has been to allow SPMC a credit period of 90 days from the renewal of the policy within which
to pay the premium.

Soon after the new policy was issued and before premium payments could be made, a fire
gutted the covered plant and facilities to the ground. The day after the fire, SPMC issued a
manager's check to SIC for the fire insurance premium, for which it was issued a receipt; a
week later SPMC issued its notice of loss.

SIC responded by issuing its own manager's check for the amount of the premiums SPMC
had paid, and denied SPMC's claim on the ground that under the "cash and carry" principle
governing fire insurance, no coverage existed at the time the fire occurred because the
insurance premium had not been paid.

Is SPMC entitled to recover for the loss from SIC? (8%)

VIII.

In the November 2010 stockholders meeting of Greenville Corporation, eight (8) directors
were elected to the board. The directors assumed their posts in January 20 ll. Since no
stockholders' meeting was held in November 2011, the eight directors served in a holdover
capacity and thus continued discharging their powers.

In June 2012, two (2) of Greenville Corporation's directors- Director A and Director B -
resigned from the board. Relying on Section 29 of the Corporation Code, the remaining six (6)
directors elected two (2) new directors to fill in the vacancy caused by the resignation of
Directors A and B.
Stockholder X questioned the election of the new directors, initially, through a letter-complaint
addressed to the board, and later (when his letter-complaint went unheeded), through a
derivative suit filed with the court. He claimed that the vacancy in the board should be filled up
by the vote of the stockholders of Greenville Corporation. Greenville Corporation's directors
defended the legality of their action, claiming as well that Stockholder X's derivative suit was
improper.

Rule on the issues raised. (8%)

IX.

Fil-Asia Air Flight 9 I 6 was on a scheduled passenger flight from Manila when it crashed as it
landed at the Cagayan de Oro airport; the pilot miscalculated the plane's approach and
undershot the runway. Of the I 50 people on board, ten (10) passengers died at the crash
scene.

Of the ten who died, one was a passenger who managed to leave the plane but was run over
by an ambulance coming to the rescue. Another was an airline employee who hitched a free
ride to Cagayan de Oro and who was not in the passenger manifest.

It appears from the Civil Aeronautics Authority investigation that the co-pilot who had control
of the plane's landing had less than the required flying and landing time experience, and
should not have been in control of the plane at the time. He was allowed to fly as a co-pilot
because of the scarcity of pilots - Philippine pilots have been recruited by foreign airlines
under vastly improved flying terms and wages so that newer and less trained pilots are being
locally deployed. The main pilot, on the other hand, had a very high level of blood alcohol at
the time of the crash.

You are part of the team that the victims hired to handle the case for them as a group. In your
case conference, the following questions came up:

(A) Explain the causes of action legally possible under the given facts against the airline and
the pilots; whom will you specifically implead in these causes of action? (5%)

(B) How will you handle the cases of the passenger run over by the ambulance and the airline
employee allowed to hitch a free ride to Cagayan de Oro? (3%)

X.
Bell Philippines, Inc. (BelPhil) is a public utility company, duly incorporated and registered with
the Securities and Exchange Commission. Its authorized capital stock consists of voting
common shares and non-voting preferred shares, with equal par values of P100.00/share.
Currently, the issued and outstanding capital stock of BelPhil consists only of common shares
shared between Bayani Cruz, a Filipino with 60% of the issued common shares, and Bernard
Fleet, a Canadian, with 40%.

To secure additional working fund, BelPhil issued preferred shares to Bernard Fleet equivalent
to the currently outstanding common shares. A suit was filed questioning the corporate action
on the ground that the foreign equity holdings in the company would now exceed the 40%
foreign equity limit allowed under the Constitution for public utilities.

Rule on the legality of Bernard Fleet's current holdings. (8%)

MULTIPLE CHOICE QUESTIONS

I. Claude, the registered stockholder of 1 000 shares in ABC Corp., pledged the shares to
Conrad by endorsement in blank of the covering stock certificates and, execution of a Deed of
Assignment of Shares of Stock, intended as collateral for a loan of P1.0 Million that was also
supported by a separate promissory note.

I. (1) Under these facts, is there a valid pledge of the shares of stock to Conrad? (1%)

(A) No, because shares of stock are intangible personal properties whose possession cannot
be delivered and, hence, cannot be the subject of a pledge.

(B) No, because the pledge of shares of stock requires double registration with the Register of
Deeds of the principal place of business of the corporation and of the residence of the
pledgor.

(C) Yes, because endorsement and delivery of the certificates of stock is equivalent to the
transfer of possession of the covered shares to the pledgee.

(D) Yes, because the execution of the Deed of Assignment of Shares of Stock is equivalent to
a lawful pledge of the shares of stock.

I. (2) After Claude defaulted on the loan, Conrad sought to have the shares registered in his
name in the books of the corporation. If you are the Corporate Secretary of ABC Corporation,
would you register the shares in the name of Conrad without any written instruction from
Claude? (1%)

(A) Yes, since the endorsement and delivery of the certificates of stock executed by Claude
constitute the legal authority to cancel the shares in his name and to place them in Conrad's
name.

(B) Yes, since the execution of the Deed of Assignment by Claude would constitute the legal
authority to cancel the shares in his name and place them in Conrad's name.

(C) No, because corporate officers can only take direct instructions from the registered owners
on the proper disposition of shares registered in their names.

(D) No, because the corporation has a primary lien on the shares covering the unpaid
subscription.

II. A foreign delegation of businessmen and investment bankers called on your law firm to
discuss the possibilities of investing in various projects in the Philippines, and wanted your
thoughts on certain issues regarding foreign investments in the Philippines.

II. (1)The delegation has been told about the Foreign Investments Act of 1991, as amended
(FIA '91), and they asked what exactly is the law's essential thrust regarding foreign
investments in Philippine business and industries.

You replied that FIA '91 essentially reflects __________. (1 %)

(A) the "Filipino First Policy"

(B) the "Foreign Investments Positive Lists" concept

(C) the "Foreign Investments Negative Lists" concept

(D) the "Control Test" concept(E) All of the above.

II. (2)The delegation asked: aside from Filipino ctt1zens, what entities would fall under the
definition of "Philippine National" under FIA '91?

You replied that the definition of "Philippine national" under FIA '91 covers __________. (1%)

(A) domestic partnerships wholly composed of Filipino citizens


(B) domestic corporations 60% of whose capital stock, outstanding and entitled to vote, are
owned and held by Filipino citizens

(C) foreign corporations considered as doing business in the Philippines under the
Corporation Code, 100% of whose capital stock, outstanding and entitled to vote, are wholly-
owned by Filipino citizens

(D) All of the above, because the law considers the juridical personality, whether domestic or
foreign, as a mere medium; the test of nationality is on the individuals who control the medium

(E) None of the above, because the term Philippine national can only cover individuals and
not juridical entities.

II. (3) The delegation heard that foreigners can invest up to 100% of the equity in "export
oriented enterprises" and you were asked exactly what the term covers.

You replied that an "export oriented enterprise" under FIA '91 is an enterprise that
__________. (1%)

(A) only engages in the export of goods and services, and does not sell goods or services to
the domestic market

(B) exports consistently at least 40% of its goods or services, and sells at least 60% of the rest
to the domestic market

(C) exports consistently at least 60% of the goods or services produced, and sells at least
40% of the rest to the domestic market

(D) exports consistently at least 60% of its goods or services produced, and can sell goods or
services to the domestic market

(E) None of the above.

II. (4) As a last question and by way of a concrete example, a delegation member finally
inquired - which of the following corporations or businesses in the Philippines may it invest in
and up to what extent? (1%)

(A) A lifestyle magazine publication corporation, up to 40% equity

(B) An advertising corporation, up to 100% equity


(C) A commercial bank, up to 60o/o equity

(D) A jeepney manufacturing corporation, up to 100% equity

(E) A real estate development corporation, up to 60% equity

III. Dennis subscribed to 10,000 shares of XYZ Corporation with a par value of P100 per
share. However, he paid only 25% of the subscription or P250,000.00. No call has been made
on the unpaid subscription.

How many shares is Dennis entitled to vote at the annual meeting of the stockholders of XYZ?
(1%)

(A) 10,000 shares

(B) 2,500 shares

(C) 100 shares

(D) 0 shares

(E) None of the above.

IV. ABC Corp. issued redeemable shares. Under the terms of the issuance, the shares shall
be redeemed at the end of 10 years from date of issuance, at par value plus a premium of
10%.

Choose the correct statement relating to these redeemable shares. (1%)

(A) ABC Corp. would need unrestricted retained earnings to be able tore deem the shares.

(B) Corporations are not allowed to issue redeemable shares; thus, the issuance by ABC
Corp. is ultra vires.

(C) Holders of redeemable shares enjoy a preference over creditors.

(D) ABC Corp. may redeem the shares at the end of 10 years without need for unrestricted
retained earnings provided that, after the redemption, there are sufficient assets to cover its
debts.

(E) All of the above are incorrect.


V. Arnold, representing himself as an agent of Brian for the sale of Brian's car, approached
Dennis who appeared interested in buying the car. At Arnold's prodding, Dennis issued a
crossed check payable to Brian for P25,000.00 on the understanding that the check would
only be shown to Brian as evidence of Dennis' good faith and interest in buying the car.
Instead, Arnold used the check to pay for the medical expenses of his wife in Brian's clinic
after Brian, a doctor, treated her.

Is Brian a holder in due course (HI DC)? (1%)

(A) Yes, Brian is a HIDC because he was the payee of the check and he received it for
services rendered.

(B) Yes, Brian is a HIDC because he did not need to go behind the check that was payable to
him.

(C) No, Brian is not a HIDC because Dennis issued the check only asevidence of good faith
and interest in buying the car.

(D) No, Brian is not a HIDC because Brian should have been placed on notice: the check was
crossed in his favor and Arnold was not the drawer.

(E) No, Brian is not a HIDC because the requisite consideration to Dennis was not present.

VI. Gawsengsit Corp. is a corporation incorporated in Singapore. It invested in Bumblebee


Corp., a Philippine corporation, by acquiring 30% of its shares. As a result, Gawsengsit Corp.
nominated 30o/o of the directors of Bumblebee Corp., all of whom are Singaporeans and
officers of Gawsengsit Corp.

Choose the correct statement relating to Gawsengsit Corp. (1%)

(A) Gawsengsit Corp. is doing business in the Philippines and requires alicense from the
Securities and Exchange Commission (SEC).

(B) Gawsengsit Corp. is not doing business in the Philippines by its mere investment in a
Philippine corporation and does not need a license from the SEC.

(C) Gawsengsit Corp. has to appoint a resident agent in the Philippines.

(D) Gawsengsit Corp. cannot elect directors in Bumblebee Corp.


(E) All the above choices are incorrect.

VII. The BIR assessed ABC Corp. for deficiency income tax for taxable year2010 in the
amount of P26,731,208.00, inclusive of surcharge and penalties.

The BIR can __________. (1%)

(A) run after the directors and officers of ABC Corp. to collect the deficiency tax and their
liability will be solidary

(B) run after the stockholders of ABC Corp. and their liability will be joint

(C) run after the stockholders of ABC Corp. and their liability will be solidary

(D) run after the unpaid subscriptions still due to ABC Corp., if any

(E) None of the above choices is correct.

VIII. Anton imported perfumes from Taiwan and these were released to him by the bank under
a trust receipt. While the perfumes were in Anton's warehouse, thieves broke in and stole all
of them.

Who will shoulder the loss of the stolen perfumes? (1%)

(A) The loss of the perfumes will be borne by the bank in whose behalf the perfumes were
held in trust.

(B) Anton will bear the loss.

(C) The exporter can hold both the bank and Anton liable for the loss.

(D) The exporter from whom Anton bought the perfumes will bear the loss.

(E) No one bears the loss for an unforeseen event.

IX. A bank may acquire real property __________. (1%)

(A) by purchase at a public sale of properties levied to satisfy tax delinquencies

(B) by purchase from a real estate corporation in the ordinary course of the bank's business

(C) through dacion en pago in satisfaction of a debt in favor of the bank

(D) in exchange for the purchase of shares of stocks of the bank


(E) All of the above.

(F) None of the above.

X. Under the Anti-Money Laundering Act, a depositor's bank account may be frozen
__________. (1%)

(A) by the bank when the account is the subject of a suspicious or covered transaction report

(B) by the Anti-Money Laundering Council (AMLC) when the account belongs to a person
already convicted of money laundering

(C) by the Regional Trial Court, upon ex parte motion by the AMLC, in a criminal prosecution
for money laundering pending before it

(D) by the Court of Appeals motu proprio in an appeal from a judgment of conviction of a
criminal charge for money laundering

(E) In none of the above.

XI. Unknown to the other four proponents, Enrico (who had been given the task of attending to
the Articles of Incorporation of the proposed corporation, Auto Mo,Ayos Ko) misappropriated
the filing fees and never filed the Articles of Incorporation with the Securities and Exchange
Commission (SEC). Instead, he prepared and presented to the proposed incorporators a
falsified SEC certificate approving the Articles. Relying on the falsified SEC certificate, the
latter began assuming and discharging corporate powers.

Auto Mo, Ayos Ko is a __________. (1%)

(A) de jure corporation

(B) de facto corporation

(C) corporation by estoppel

(D) general partnership

(E) None of the above.

XII. Preferred shares cannot vote on the proposal __________. (1%)

(A) to include other corporate officers in the corporation's by-laws


(B) to issue corporate bonds

(C) to shorten the corporate term

(D) All of the above.

(E) None of the above.

XIII. In 2010, the Philippine National Police declared Kaddafy Benjelani "Public Enemy No. 1"
because of his terrorist activities in the country that have resulted in the death of thousands of
Filipinos. A ransom of P15 million was placed on Kaddafy Benjelani's head.

Worried about the future of their family, Kaddafy Benjelani's estranged wife, Aurelia, secured
in December 2010 a life insurance policy on his life and designated herself as the beneficiary.

Is the policy valid and binding? (1%)

(A) Yes, the policy is valid and binding because Aurelia has an insurable interest on the life of
Kaddafy Benjelani.

(B) No, the policy is not valid and binding because Kaddafy Benjelani has been officially
declared a public enemy.

(C) Yes, the policy is valid and binding because it has been in force for more than two years.

(D) No, the policy is not valid and binding since the spouses' estrangement removed Aurelia's
insurable interest in Benjelani's life.

(E) None of the above.

XIV. Muebles Classico, Inc. (MC), a Manila-based furniture shop, purchased hardwood lumber
from Surigao Timber, Inc. (STI), a Mindanao-based logging company. MC was to pay STI the
amount of P5.0 million for 50 tons of lumber. To pay STI, MC opened a letter of credit with
Banco de Plata (BDP). BOP duly informed STI of the opening of a letter of credit in its favor.

In the meantime, MC- which had been undergoing financial reverses- filed a petition for
corporate rehabilitation. The rehabilitation court issued a Stay Order to stay the enforcement
of all claims against MC.

After shipping the lumber, STJ went to BDP, presented the shipping documents, and
demanded payment of the letter of credit opened in its favor. MC, on the other hand, informed
the bank of the Stay Order and instructed it to deny payment to STI because of the Stay
Order. BDP comes to you for advice. Your best advice is to __________. (1%)

(A) grant STI's claim. Under the "Independence Principle," the bank deals only with the
documents and not the underlying circumstances; hence, the presentation of the letter of
credit is sufficient.

(B) deny STI's claim. The Stay Order covers all claims against the debtor and binds all its
creditors. The letter of credit is a claim against the debtor that is covered by the Stay Order.

(C) grant STI's claim. The letter of credit is not a claim against the debtor under rehabilitation,
but against the bank which has assumed a solidary obligation.

(D) deny STI's claim. If the bank disregards the Stay Order, it may be subject to contempt by
the rehabilitation court. STI should file its claim with the rehabilitation court.

(E) file an action for inter pleader to resolve the parties' competing claims.

XV. Akiro of Tokyo, Japan sent various goods to his friend Juan in Cebu City, Philippines,
through one of the vessels of Worth well Shippers, Inc., an American corporation. En route to
Cebu City, the vessel had two stops, first in Hong Kong, and second, in Manila.

XV. (1) While travelling from Tokyo to Hong Kong, the goods were damaged. What law will
govern? (1%)

(A) Japanese law

(B) Hong Kong law

(C) Chinese law

(D) Philippine law

(E) American law

XV. (2) Assuming Philippine law to be applicable and Juan fails to file a claim with the carrier,
may he still commence an action to recover damages with the court? (1%)

(A) No, the failure to file a claim with the carrier is a condition precedent for recovery.

(B) Yes, provided he files the complaint within 10 years from delivery.
(C) Yes, provided he files the complaint within 10 years from discovery of the damage.

(D) Yes, provided he files the complaint within 1 year from delivery.

(E) Yes, provided he files the complaint within 1 year from discovery of the damage.

-0-0-0-

2014 BAR EXAMINATIONS


COMMERCIAL LAW

October 19, 2014 8:00 A.M.- 12:00 N.N.

INSTRUCTIONS

1. This Questionnaire contains FOURTEEN (14) pages including these Instructions pages.
Check the number of pages and the page numbers at the upper right hand corner of each
page of this Questionnaire and make sure it has the correct number of pages and their proper
numbers.

There are TWENTY-NINE (29) Essay and Multiple Choice Questions (MCQs) to be answered
within four (4) hours.

The essay portion contains questions that are equivalent to not less than 80% of the whole
examination, while the MCQ portion contains questions equivalent to not more than 20%.

2. Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only on the front,not
the back, page of every sheet in your Notebook. Note well the allocated percentage points for
each number, question, or sub-question. In your answers, use the numbering system in the
questionnaire.
If the sheets provided in your Examination Notebook are not sufficient for your answers, use
the back page of every sheet of your Examination Notebook, starting at the back page of the
first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question,
to select the material from the immaterial facts, and to discern the points upon which the
question turns. It should show your knowledge and understanding of the pertinent principles
and theories of law involved and their qualifications and limitations. It should demonstrate your
ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a
sound conclusion from the given premises.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the question
does not expressly ask for an explanation. At the same time, remember that a complete
explanation does not require that you volunteer information or discuss legal doctrines that are
not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat
the question in your Notebook.

4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, or D


corresponding to your chosen answer. There is only one correct answer to every MCQ;
choose the BEST answer from among the offered choices.

5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on
your Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is
considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

YOU CAN BRING HOME THIS QUESTIONNAIRE OR HAND IT TOGETHER WITH YOUR
NOTEBOOK
J. DIOSDADO M. PERALTA
Chairman
2014 Bar Examinations

I.

Carlo and Bianca met in the La Boracay festivities. Immediately, they fell in love with each
other and got married soon after. They have been cohabiting blissfully as husband and wife,
but they did not have any offspring. As the years passed by, Carlo decided to take out an
insurance on Bianca’slife for P1,000,000.00 with him (Carlo) as sole beneficiary, given that he
did not have a steady source of income and he always depended on Bianca both emotionally
and financially. During the term of the insurance, Bianca died of what appeared to bea
mysterious cause so that Carlo immediately requested for an autopsy tobe conducted. It was
established that Bianca died of a natural cause. More than that, it was also established that
Bianca was a transgender all along – a fact unknown to Carlo. Can Carlo claim the insurance
benefit? (5%)

II.

Bong bought 300 bags of rice from Ben for P300,000.00. As payment, Bong indorsed to Bena
Bank of the Philippine Islands (BPI) check issued by Baby in the amount of P300,000.00.
Upon presentment for payment, the BPI check was dishonored because Baby’s account from
which it was drawn has been closed. To replace the dishonored check, Bong indorsed a
crossed Development Bank of the Philippines (DBP) check issued also by Baby
for P300,000.00. Again, the check was dishonored because of insufficient funds. Ben sued
Bong and Baby on the dishonored BPI check. Bong interposed the defense that the BPI check
was discharged by novation when Ben accepted the crossed DBP check as replacement for
the BPI check. Bong cited Section 119 of the Negotiable Instruments Law which provides that
a negotiable instrument is discharged "by any other act which will discharge a simple
contractfor the payment of money." Is Bong correct? (4%)

III.

Under the Financial Rehabilitation and Insolvency Act (FRIA), the filing of a petition for
voluntary rehabilitation must be approved by: (1%)
(A) a majority vote of the Board of Directors and authorized by the vote of the stockholders
representing at least a majority of the outstanding capital stock

(B) a majority vote of the Board of Directors and authorized by the vote of the stockholders
representing at least two-thirds of the outstanding capital stock

(C) two-thirds vote of the Board of Directors and authorized by the vote of the stockholders
representing at least a majority of the outstanding capital stock

(D) two-thirds vote of the Board of Directors and authorized by the vote of the stockholders
representing at least two-thirds of the outstanding capital stock

IV.

DC is a unit owner of Medici Condominium located in Pasig City. On September 7, 2011,


Medici Condominium Corp. (Medici) demanded from DC payment for alleged unpaid
association dues and assessments amounting to P195,000.00. DC disputed the claim, saying
that he paid all dues as shown by the fact that he was previously elected as Director and
President of Medici. Medici, on the other hand, claimed that DC’s obligation was a carry-over
of his obligations to the condominium developer, Medici Construction Corporation.
Consequently, DCwas prevented from exercising his right to vote and be voted for during the
2011 election of Medici’s Board of Directors. This prompted DC to file a complaint for
damages before the Special Commercial Court of Pasig City. Medici filed a motion to dismiss
on the ground that the court has no jurisdiction over the intra-corporate dispute which the
Housing and Land Use Regulatory Board (HLURB) has exclusive jurisdiction over. Is Medici
correct? (4%)

V.

A corporation organized under the Corporation Code commences to have corporate existence
and juridical personality and is deemed incorporated: (1%)

(A) from the date the application for incorporation is filed with the Securities and Exchange
Commission (SEC)

(B) from the date the SEC issues a certificate of incorporation under its official seal

(C) thirty (30) days after the date the application for incorporation is filed with the SEC
(D) thirty (30) days after the datethe SEC issues a certificate of incorporation under its official
seal

VI.

On May 26, 2014, Jess insured with Jack Insurance (Jack) his 2014 Toyota Corolla sedan
under a comprehensive motor vehicle insurance policy for one year. On July 1, 2014, Jess’
car was unlawfully taken. Hence, he immediately reported the theft to the Traffic Management
Command (TMC) of the Philippine National Police (PNP), which made Jess accomplish a
complaint sheet as part of its procedure. In the complaint sheet, Jess alleged that a certain
Ric Silat(Silat) took possession of the subject vehicle to add accessories and improvements
thereon. However, Silat failed to return the subject vehicle within the agreed 3-day period. As
a result, Jess notified Jack of his claim for reimbursement of the value of the lost vehicle under
the insurance policy. Jack refused to pay claiming that there is no theft as Jess gave Silat
lawful possession of the car. Is Jack correct? (4%)

VII.

Jinggy went to Kluwer University(KU) in Germany for his doctorate degree (Ph.D.). He
completed his degree with the highest honors in the shortest time. When he came back, he
decided to set-up his own graduate school in his hometown in Zamboanga. After seeking free
legal advice from his high-flying lawyer-friends, he learned that the Philippines follows the
territoriality principle in trademark law, i.e., trademark rights are acquired through valid
registration in accordance with the law. Forth with, Jinggy named his school the Kluwer
Graduate School of Business of Mindanao and immediately secured registration with the
Bureau of Trademarks. KU did not like the unauthorized use of its name by its top alumnus no
less. KU sought your help. What advice can you give KU? (4%)

VIII.

As a rule, an insurance contract is consensual and voluntary. The exception is in the case of:
(1%)

(A) Inland Marine Insurance

(B) Industrial Life Insurance

(C) Motor Vehicle Liability Insurance


(D) Life Insurance

IX.

On February 21, 2013, Barrack entered into a contract of insurance with Matino Insurance
Company (Matino) involving a motor vehicle. The policy obligates Matino to pay Barrack the
amount of Six Hundred Thousand Pesos (P600,000.00) in case of loss or damage to said
vehicle during the period covered, which is from February 26, 2013 to February 26, 2014.

On April 16, 2013, at about 9:00 a.m., Barrack instructed his driver, JJ, to bring the motor
vehicle to a near by auto shop for tune-up. However, JJno longer returned and despite diligent
efforts to locate the said vehicle, the efforts proved futile. Resultantly, Barrack promptly
notified Matino of the said loss and demanded payment of the insurance proceeds
of P600,000.00.

In a letter dated July 5, 2013. Matino denied the claim, reasoning as stated in the contract that
"the company shall not be liable for any malicious damage caused by the insured, any
member of his family or by a person in the insured’s service. Is Matino correct in denying the
claim? (4%)

X.

A person is said to have an insurable interest in the subject matter insured where he has a
relation or connection with, or concern in it that he will derive pecuniary benefit or advantage
from its preservation. Which among the following subject matters is not considered insurable?
(1%)

(A) A partner in a firm on its future profits

(B) A general creditor on debtor’s property

(C) A judgment creditor on debtor’s property

(D) A mortgage creditor on debtor’s mortgaged property

XI.

PA Assurance (PA) was incorporated in 1980 toengage in the sale of pre-need educational
plans. It sold open-ended educational plans which guaranteed the payment of tuition and
other fees to planholders irrespective of the cost at the time of availment. Italso engaged in
the sale of fixed value plans which guaranteed the payment of a pre-determined amount to
planholders. In 1982, PAwas among the country’s top corporations. However, it subsequently
suffered financial difficulties.

On September 8, 2005, PA filed a Petition for Corporate Rehabilitation before the Regional
Trial Court (RTC) of Makati City. On October 17, 2005, ten (10) plan holders filed an
Opposition and Motion to Exclude Planholders from Stay Order on the ground that
planholders are not creditors as they (planholders) have a trust relationship with PA. Are the
planholders correct? (4%)

XII.

To constitute a quorum for the transaction of corporate business, only a majority of the
number of Board of Directors is required: (1%)

(A) as fixed by the corporate by-laws

(B) as fixed in the articles of incorporation

(C) actually serving in the board

(D) actually serving in the board but constituting a quorum

XIII.

Pursuant to its By-Laws, Soei Corporation’s Board of Directors created an Executive


Committee to manage the affairs of the corporation in between board meetings. The Board of
Directors appointed the following members of the Executive Committee: the President, Sarah
L; the Vice President, Jane L; and, a third member from the board, Juan Riles. On December
1, 2013, the Executive Committee, with Sarah L and Jane L present, met and decided on the
following matters:

1. Purchase of a delivery van for use in the corporation’s retail business;

2. Declaration and approval of the 13th month bonus;

3. Purchase of an office condominium unit at the Fort; and

4. Declaration of P10.00 per share cash dividend.

Are the actions of the Executive Committee valid? (4%)


XIV.

On September 25, 2013, Danny Marcial (Danny) procured an insurance on his life with a face
value of P5,000,000.00 from RN Insurance Company (RN), with his wife Tina Marcial(Tina) as
sole beneficiary. On the same day, Danny issued an undated check to RN for the full amount
of the premium. On October 1, 2013, RN issued the policy covering Danny’s life insurance. On
October 5, 2013, Dannymet a tragic accident and died. Tina claimed the insurance benefit, but
RN was quick to deny the claim because at the time of Danny’s death, the check was not yet
encashed and therefore the premium remained unpaid.

Is RN correct? Will your answer be the same if the check is dated October 15, 2013? (4%)

XV.

A, B, C, D, and Ewere members of the 2003-2004 Board of Directors of FLP Corporation. At


the election for the 2004-2005 Board of Directors, not one of them was elected. They filed in
court a derivative suit on behalf of FLP Corporation against the newly-elected members of the
Board of Directors. They questioned the validity of the election as it was allegedly marred by
lack of quorum, and prayed for the nullification of the said election. The 2004-2005 Board of
Directorsmoved to dismiss the complaint because the derivative suit is not proper. Decide.
(4%)

XVI.

In intellectual property cases, fraudulent intent is not an element of the cause of action except
in cases involving: (1%)

(A) trademark infringement

(B) copyright infringement

(C) patent infringement

(D) unfair competition

XVII.

On December 1, 2010, Kore A Corporationshipped from South Korea to LT Corporation in


Manila some 300,000 sheets of high-grade special steel. The shipment was insured against
all risks by NA Insurance(NA). The carrying vessel arrived at the Portof Manila on January 10,
2011. When the shipment was discharged, it was noted that 25,000 sheets were damaged
and in bad order. The entire shipment was turned over to the custody of ATI, the arrastre
operator, on January 21, 2011 for storage and safekeeping, pending its withdrawal by the
consignee’s authorized customs broker, RVM.

On January 26 and 29, 2011, the subject shipment was withdrawn by RVM from the custody
of ATI. On January 29, 2011, prior to the withdrawal of the last batch of the shipment, a joint
inspection of the cargo was conducted per the Request for Bad Order Survey (RBO) dated
January 28, 2011. The examination report showed that 30,000 sheets of steel were damaged
and in bad order.

NA Insurance paid LT Corporationthe amount of P30,000,000.00 for the 30,000 sheets that
were damaged, as shown in the Subrogation Receipt dated January 13, 2013. Thereafter, NA
Insurance demanded reparation against ATI for the goods damaged in its custody, in the
amount of P5,000,00.00. ATI refused to pay claiming that the claim was already barred by the
statute of limitations. ATI alleged that the Carriage of Goods by Sea Act (COGSA) applies in
this case since the goods were shipped from a foreign port to the Philippines. NA Insurance
claims that the COGSA does not apply, since ATIis not a shipper or carrier. Who is correct?
(5%)

XVIII.

Skechers Corporation sued Inter-Pacific for trademark infringement, claiming that Inter-
Pacificused Skechers’ registered "S" logo mark on Inter-Pacific’s shoe products without its
consent. Skechers has registered the trademark "SKECHERS" and the trademark "S" (with an
oval design) with the Intellectual Property Office (IPO).

In its complaint, Skechers points out the following similarities: the color scheme of the blue,
white and gray utilized by Skechers. Even the design and "wave-like" pattern of the mid-sole
and outer sole of Inter Pacific’s shoes are very similar to Skechers’ shoes, if not exact patterns
thereof. On the side of Inter-Pacific’s shoes, near the upper part, appears the stylized "S"
placed in the exact location as that of the stylized "S" the Skechers shoes. On top of the
"tongue" of both shoes, appears the stylized "S" in practically the same location and size.

In its defense, Inter-Pacific claims that under the Holistic Test, the following dissimilarities are
present: the mark "S" found in Strong shoes is not enclosed in an "oval design"; the word
"Strong" is conspicuously placed at the backside and insoles; the hang tags labels attached to
the shoes bear the word "Strong" for Inter-Pacific and "Skechers U.S.A." for Skechers; and,
Strong shoes are modestly priced compared to the costs of Skechers shoes.

Under the foregoing circumstances, which is the proper test to be applied – Holistic or
Dominancy Test? Decide. (4%)

XIX.

Guetze and his wife have three (3) children: Neymar, 25, who is now based in Rio de Janeiro,
Brazil; Muelter, 23, who has migrated to Munich, Germany; and James, 21, who resides in
Bogota, Colombia. Neymar and Muelter have since renounced their Philippine citizenship in
favor of their country of residence. Nearing 70 years old, Guetze decided to incorporate his
business in Binondo, Manila. He asked his wife and three (3) children to act as incorporators
with one (1) share of stock each, while he owned 999,996 shares of the 1,000,000 shares of
the capital stock. (6%)

(A) Assuming all other requirements are met, should the Securities and Exchange
Commission (SEC) accept or reject the Articles of Incorporation? Why?

(B) Being the control freak and micro-manager that he is, Guetze asked you – his astute legal
adviser – if he can serve as Chairman of the Board of Directors, as President, and as General
Manager of the corporation, all at the same time. Please advise Guetze.

(C) Assuming the corporation has beenproperly registered, may the Articles of Incorporation
now beamended to reduce the number of directors to two (2) – Guetze and his wife– to reflect
the real owners of the shares of stock?

XX.

On May 13, 1996, PAM, Inc. obtained a P15,000,000.00 fire insurance policy from Ilocano
Insurance covering its machineries and equipment effective for one (1) yearor until May 14,
1997. The policy expressly stated that the insured properties were located at "Sanyo Precision
Phils. Building, Phase III, Lots 4 and 6, Block 15, PEZA, Rosario, Cavite." Before its
expiration, the policy was renewed on "as is" basis for another year or until May 13, 1998. The
subject properties were later transferred to Pace Factory also in PEZA. On October 12, 1997,
during the effectivity of the renewed policy, a fire broke out at the Pace Factory which totally
burned the insured properties.
The policy forbade the removal of the insured properties unless sanctioned by Ilocano.
Condition 9(c) of the policy provides that "the insurance ceases to attach as regards the
property affected unless the insured, before the occurrence of any loss or damage, obtains
the sanction of the company signified by endorsement upon the policy x x x (c) if the property
insured is removed to any building or place other than in that which is herein stated to be
insured." PAM claims that it has substantially complied with notifying Ilocano through its sister
company, the RBC, which, in fact, referred PAM to Ilocano for the insurance coverage. Is
Ilocano liable under the policy? (4%)

XXI.

On July 3, 1993, Delia Sotero (Sotero) took out a life insurance policy from Ilocos Bankers Life
Insurance Corporation (Ilocos Life) designating Creencia Aban(Aban), her niece, as her
beneficiary. Ilocos Life issued Policy No. 747, with a face value of P100,000.00, in Sotero’s
favor on August 30, 1993, after the requisite medical examination and payment of the
premium.

On April 10, 1996, Sotero died. Aban filed a claim for the insurance proceeds on July 9, 1996.
Ilocos Life conducted an investigation into the claim and came out withthe following findings:

1. Soterodid not personally apply for insurance coverage, as she was illiterate.

2. Soterowas sickly since 1990.

3. Soterodid not have the financial capability to pay the premium on the policy.

4. Soterodid not sign the application for insurance.

5. Aban was the one who filed the insurance application and designated herself as the
beneficiary.

For the above reasons and claiming fraud, Ilocos Life denied Aban’s claim on April 16, 1997,
but refunded the premium paid on the policy. (6%)

(A) May Sotero validly designate her niece as beneficiary?

(B) May the incontestability period set in even in cases of fraud as alleged in this case?

(C) Is Aban entitled to claim the proceeds under the policy?


XXII.

Paul George Pua (Pua) filed a complaint for a sum of money against the spouses Benito and
Caroline James (Spouses James). In the complaint, Pua prayed that the defendants pay Pua
the amount of P8,500,000.00, covered by a check. Pua asserts that defendants owed him a
sum of money way back in 1988 for which the Spouses James gave him several checks.
These checks, however, had all been dishonored and Pua has not been paid the amount of
the loan plus the agreed interest. In 1996, the Spouses James approached Pua to get the
computation of their liability including the 2% compounded interest. After bargaining to lower
the amount of their liability, the Spouses James gave Puaa postdated check bearing the
discounted amount of P8,500,000.00. Like the 1988 checks, the drawee bank likewise
dishonored this check. To prove his allegations, Pua submitted the original copies of the 17
checks issued by Caroline in 1988 and the check issued in 1996, Manila trust Check No. 750.
The Spouses James, on the other hand, completely denied the existence of the debt asserting
that they had never approached Pua to borrow money in 1988 or in 1996. They assert,
instead, that Pua is simply acting at the instance of his sister, Lilian, to file a false charge
against them using a check left to fund a gambling business previously operated by Lilian and
Caroline. Decide. (5%)

XXIII.

What vote is needed to consider every decision to be a valid corporate act? (1%)

(A) a majority of the directors present at the meeting

(B) two-thirds of the directors present at the meeting

(C) a majority of the directors present at the meeting at which there is a quorum

(D) two-thirds of the directors present at the meeting at which there is a quorum

XXIV.

A criminal complaint for violation of B.P. 22 was filed by Foton Motors (Foton), an entity
engaged in the business of car dealership, against Pura Felipe (Pura) with the Office of the
City Prosecutor of Quezon City. The Office found probable cause to indict Pura and filed an
information before the Metropolitan Trial Court (MeTC) of Quezon City, for her issuance of a
postdated check in the amount of P1,020,000.00 which was subsequently dishonored upon
presentment due to "Stop Payment."

Pura issued the check because her son, Freddie, attracted by a huge discount
of P220,000.00, purchased a Foton Blizzard 4x2 from Foton. The term of the transaction was
Cash-on-Delivery and no downpayment was required. The car was delivered on May 14,
1997, but Freddie failed to pay upon delivery. Despite non-payment, Freddie took possession
of the vehicle.

Pura was eventually acquitted of the charge of violating B.P. 22 but was found civilly liable for
the amount of the check plus legal interest. Pura appealed the decision as regards the civil
liability, claiming that there was no privity of contract between Foton and Pura. No civil liability
could be adjudged against her because of her acquittal from the criminal charge. It was
Freddie who was civilly liable to Foton, Pura claimed. Pura added that she could not be an
accommodation party either because she only came in after Freddie failed to pay the
purchase price, or six (6) months after the execution of the contract between Foton and
Freddie. Her liability was limited to her act of issuing a worthless check, but by her acquittal in
the criminal charge, there was no more basis for her to be held civilly liable to Foton. Pura’s
act of issuing the subject check did not, by itself, assume the obligation of Freddie to Foton or
automatically make her a party to the contract. Is Pura liable? (5%)

XXV.

In an action for collection of a sum of money, the Regional Trial Court (RTC) of Makati City
issued a decision finding D-Securities, Inc. liable to Rehouse Corporation for P10,000,000.00.
Subsequently, the writ of execution was issued but returned unsatisfied because D-Securities
had no more assets to satisfy the judgment. Rehouse moved for an Alias Writ of Execution
against Fairfield Bank (FB), the parent company of D-Securities. FB opposed the motion on
the grounds that it is a separate entity and that it was never made a party to the case. The
RTC granted the motion and issued the Alias Writ of Execution. In its Resolution, the RTC
relied on the following facts: 499,995 out of the 500,000 outstanding shares of stocks of D-
Securities are owned by FB; FB had actual knowledge of the subject matter of litigation as the
lawyers who represented D-Securities are also the lawyers of FB. As an alter ego, there is no
need for a finding of fraud or illegality before the doctrine of piercing the veil of corporate
fiction can be applied. The RTC ratiocinated that being one and the same entity in the eyes of
the law, the service of summons upon D-Securities has bestowed jurisdiction over both the
parent and wholly-owned subsidiary. Is the RTC correct? (4%)

XXVI.

DMP Corporation (DMP) obtained a loan of P20 million from National Bank (NB) secured by a
real estate mortgage over a 63,380-square-meter land situated in Cabanatuan City. Due to
the Asian Economic Crisis, DMP experienced liquidity problems disenabling it from paying its
loan on time. For that reason, NB sought the extra judicial foreclosure of the said mortgage by
filing a petition for sale on June 30, 2003. On September 4, 2003, the mortgaged property was
sold at public auction, which was eventually awarded to NBas the highest bidder. That same
day, the Sheriff executed a Certificate of Sale in favor of NB.

On October 21, 2003, DMP filed a Petition for Rehabilitation before the Regional Trial Court
(RTC). Pursuant to this, a Stay Order was issued by the RTC on October 27, 2003.

On the other hand, NB caused the recording of the Sheriff’s Certificate of Sale on December
3, 2003 with the Register of Deeds of Cabanatuan City. NB executed an Affidavit of
Consolidation of Ownership and had the same annotated on the title of DMP. Consequently,
the Register of Deeds cancelled DMP’s title and issued a new title in the name of NB on
December 10, 2003.

NB also filed on March 17, 2004 an Ex-Parte Petition for Issuance of Writ of Possession
before the RTC of Cabanatuan City. After hearing, the RTC issued on September 6, 2004 an
Order directing the Issuance of the Writ of Possession, which was issued on October 4, 2004.

DMP claims that all subsequent actions pertaining to the Cabanatuan property should have
been held in abeyance after the Stay Order was issued by the rehabilitation court. Is DMP
correct? (4%)

XXVII.

ELP Insurance, Inc. issued Marine Policy No. 888 in favor of FCL Corp. to insure the shipment
of 132 bundles of electric copper cathodes against all risks. Subsequently, the cargoes were
shipped on board the vessel "M/V Menchu" from Leyte to Pier 10, North Harbor, Manila.

Upon arrival, FCL Corp. engaged the services of CGM, Inc. for the release and withdrawal of
the cargoes from the pier and the subsequent delivery to its warehouses/plants in Valenzuela
City. The goods were loaded on board twelve (12) trucks owned by CGM, Inc., driven by its
employed drivers and accompanied by its employed truck helpers. Of the twelve (12) trucks
en routeto Valenzuela City, only eleven (11) reached the destination. One (1) truck, loaded
with eleven (11) bundles of copper cathodes, failed to deliver its cargo.

Because of this incident, FCL Corp. filed with ELP Insurance, Inc. a claim for insurance
indemnity in the amount of P1,500,000.00. After the requisite investigation and adjustment,
ELP Insurance, Inc. paid FCL Corp. the amount of P1,350,000.00 as insurance indemnity.

ELP Insurance, Inc., thereafter, filed a complaint for damages against CGM, Inc. before the
Regional Trial Court (RTC), seeking reimbursement of the amount it had paid to FCL Corp. for
the loss of the subject cargo. CGM, Inc. denied the claim on the basis that it is not privy to the
contract entered into by and between FCL Corp. and ELP Insurance, Inc., and hence, it is not
liable therefor. If you are the judge, how will you decide the case? (4%)

XXVIII.

Which of the following instruments is negotiable if all the other requirements of negotiability
are met? (1%)

(A) A promissory note with promise to pay out of the U.S. Dollar account of the maker in XYZ
Bank

(B) A promissory note which designates the U.S. Dollar currency in which payment is to be
made

(C) A promissory note which contains in addition a promise to paint the portrait of the bearer

(D) A promissory note made payable to the order of Jose Cruz or Josefa Cruz

XXIX.

KKis from Bangkok, Thailand. She studies medicine in the Pontifical University of Santo
Tomas (UST). She learned that the same foreign books prescribed in UST are 40-50%
cheaper in Bangkok. So she ordered 50 copies of each book for herself and her classmates
and sold the books at 20% less than the price in the Philippines. XX, the exclusive licensed
publisher of the books in the Philippines, sued KK for copyright infringement. Decide. (4%)

---oo0ooo---
2015 BAR EXAMINATIONS
MERCANTILE LAW

November 22, 2015 8:00 A.M. - 12:00 NN.

INSTRUCTIONS

1. This Questionnaire contains eight (8) pages including these Instructions pages. Check the
number of pages and the page numbers at the upper right hand corner of each page of this
Questionnaire and make sure it has the correct number of pages and their proper numbers.

There are 16 items (I to XVI) to be answered within/our (4) hours.

2. Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only on
the front, not the back, page of every sheet in your Notebook. Note well the allocated
percentage points for each number, question, or sub-question. In your answers, use the
numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use
the back page of every sheet of your Examination Notebook, starting at the back page of the
first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question,
to select the material from the immaterial facts, and to discern the points upon which the
question turns. It should show your knowledge and understanding of the pertinent principles
and theories of law involved and their qualifications and limitations. It should demonstrate your
ability to apply the law to the given facts, to reason logically in a lawyer-like manner, and to
form a sound conclusion from the given premises.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the question
does not expressly ask for an explanation. At the same time, remember that a complete
explanation does not require that you volunteer information or discuss legal doctrines that are
not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat
the question in your Notebook.

4. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on
your Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is
considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT TOGETHER WITH YOUR
NOTEBOOK

JUSTICE TERESITA J. LEONARDO-DE CASTRO


Chairperson
2015 Bar Examinations

I.

A. Nadine has a checking account with Fair & Square Bank. One day, she lost her checkbook
and the finder was able to forge her signature and encash the forged check. Will Nadine be
able to recover the amount debited from her checking account from Fair & Square Bank?
Justify your answer. (3%)

B. Is a manager's check as good as cash? Why or why not? (2%)

C. When can you treat a bill of exchange as a promissory note? (3%)

II.
A. Novette entered into a contract for the purchase of certain office supplies. The goods were
shipped. While in transit, the goods were insured by Novette. Does she have an insurable
interest over the goods even before delivery of the same to her? Explain. (2%)

B. Will an insurance policy be binding even if the premium is unpaid? What if it were partially
paid? (3%)

III.

A. Discuss the three-fold character of a bill of lading. (3%)

B. What is a "Jason clause" in a charter party? (2%)

C. Are common carriers liable for injuries to passengers even if they have observed ordinary
diligence and care? Explain. (2%)

IV.

A. Maine Den, Inc. opened an irrevocable letter of credit with Fair Bank, in connection with
Maine Den, Inc.' s importation of spare parts for its textile mills. The imported parts were
released to Maine Den, Inc. after it executed a trust receipt in favor of Fair Bank. When Maine
Den, Inc. was unable to pay its obligation under the trust receipt, Fair Bank sued Maine Den,
Inc. for estafa under the Trust Receipts Law. The court, however, dismissed the suit. Was the
dismissal justified? Why or why not? (3%)

B. Does the rule "res perit domino" apply in trust receipt transactions? Explain. (2%)

V.

A. A standby letter of credit was issued by ABC Bank to secure the obligation of X Company
to Y Company. Under the standby letter of credit, if there is failure on the part of X Company
to perform its obligation, then Y Company will submit to ABC Bank a certificate of default (in
the form prescribed under the standby letter of credit) and ABC Bank will have to pay Y
Company the defaulted amount. Subsequently, Y Company submitted to ABC Bank a
certificate of default notwithstanding the fact that X Company was not in default. Can ABC
Bank refuse to honor the certificate of default? Explain. (3%)
B. Is the Uniform Customs and Practice for Documentary Credits of the International Chamber
of Commerce applicable to commercial letters of credit issued by a domestic bank even if not
expressly mentioned in such letters of credit? What is the basis for your answer? (3%)

VI.

A. DEF Corporation has retained surplus profits in excess of 100% of its paid-in capital stock.
However, it is unable to declare dividends, because it had entered into a loan agreement with
a certain creditor wherein the declaration of dividends is not allowed without the consent of
such creditor. If DEF Corporation cannot obtain this consent, will it be justified in not declaring
dividends to its stockholders? Explain. (3%)

B. What is "watered stock" and what is the legal consequence of the issuance of such stock?
(3%)

VII.

A. A foreign company has been exporting goods to a Philippine company for several years
now. When the Philippine company failed to pay the latest exportation, the foreign company
sued to collect in the Philippines. The Philippine company interposed the defense that the
foreign company was doing business in the Philippines without a license; hence, could not sue
before a Philippine court. Is this defense tenable? Explain your answer. (3%)

B. Define:

1. Doctrine of apparent authority (2%)

2. Trust fund doctrine (2%)

VIII.

Barn filed an action to enjoin SN Company's Board of Directors from selling a parcel of land
registered in the corporation's name, to compel the corporation to recognize Barn as a
stockholder with 50 shares, to allow him to inspect the corporate books, and to claim damages
against the corporation and its officers. Subsequently, the corporation and the individual
defendants moved to dismiss the complaint since the corporation's certificate of registration
was revoked by the SEC during the pendency of Barn's case on the ground of non-
compliance with reportorial requirements. The special commercial court granted the motion
and reasoned that only an action for liquidation of assets can be maintained when a
corporation has been dissolved and Barn cannot seek reliefs which in effect lead to the
continuation of the corporation's business. The court also ruled that it lost jurisdiction over the
intra-corporate controversy upon the dissolution of the corporation.

a.) Was the court correct? (3%)

b.) Four years later, SN Company files an action against Barn to recover corporate assets
allegedly held by the latter for liquidation. Will this action prosper? (3%)

IX.

A. Able Corporation sold securities to 21 non-qualified buyers during a 15-month period,


without registering the securities with the Securities and Exchange Commission. Did Able
Corporation violate the Securities Regulation Code? Explain. (2%)

B. Securities issued by the Philippine government are "exempt securities" and, therefore,
need not be registered with the Securities and Exchange Commission prior to their sale or
offering to the public in the Philippines. What is the rationale behind this exemption? (2%)

C. Why is the Securities Regulation Code called a "truth in securities law"? (2%)

X.

Mr. and Mrs. Reyes invested their hard-earned savings in securities issued by LEAD Bank.
After discovering that the securities sold to them were not registered with the SEC in violation
of the Securities Regulation Code, the spouses Reyes filed a complaint for nullity of contract
and for recovery of a sum of money with the RTC. LEAD Bank moved to dismiss the case on
the ground that it is the SEC that has primary jurisdiction over actions involving violations of
the Securities Regulation Code. If you were the judge, how would you rule on the motion to
dismiss? (3%)

XI.

A. Why is the Bangko Sentral ng Pilipinas considered a lender of last resort? (2%)

B. Distinguish a conservator from a receiver of a bank. (2%)

C. What is insider trading? (2%)

XII.
A. Raymond invested his money in securities issued by the Philippine government, through
his bank. Subsequently, the Bureau of Internal Revenue asked his bank to disclose his
investments. His bank refused the request for disclosure on the ground that the investments
are confidential under the Secrecy of Bank Deposits Law (Republic Act No. 1405, as
amended). Is the bank's refusal justified? Defend your answer. (2%)

B. First Bank received an order of garnishment over a client's peso and dollar deposits in First
Bank. Should First Bank comply with that order? Explain. (3%)

XIII.

A. A commercial bank wants to acquire shares in a cement manufacturing company. Do you


think it can do that? Why or why not? (2%)

B. A court found the interest charged by a bank as excessive and unconscionable and struck
down the contractual stipulation on interest. If you were the judge, what would you impose as
the applicable interest rate? State your legal basis. (2%)

C. What is the single borrower's limit? (2%)

XIV.

A. Differentiate trademark, copyright and patent from each other. (6%)

B. What is the doctrine of equivalents? (2%)

C. In what ways would a case for infringement of trademark be different from a case for unfair
competition? (3%)

XV.

CHEN, Inc., a Taiwanese company, is a manufacturer of tires with the mark Light Year. From
2009 to 2014, Clark Enterprises, a Philippine registered corporation, imported tires from
CHEN, Inc. under several sales contracts and sold them here in the Philippines. In 2015,
CHEN, Inc. filed a trademark application with the Intellectual Property Office (IPO) for the
mark Light Year to be used for tires. The IPO issued CHEN, Inc. a certificate of registration
(COR) for said mark. Clark Enterprises sought the cancellation of the COR and claimed it had
a better right to register the mark Light Year. CHEN, Inc. asserted that it was the owner of the
mark and Clark Enterprises was a mere distributor. Clark Enterprises argued that there was
no evidence on record that the tires it imported from CHEN, Inc. bore the mark Light Year and
Clark Enterprises was able to prove that it was the first to use the mark here in the Philippines.
Decide the case. (4%)

XVI.

A. On the anti-money laundering laws:

1. What is the distinction between a "covered transaction report" and a "suspicious transaction
report"? (2%)

2. Does the Anti-Money Laundering Council have the authority to freeze deposits? Explain.
(2%)

B. On foreign investments:

1. A foreign company has a distributor in the Philippines. The latter acts in his own name and
account. Will this distributorship be considered as doing business by the foreign company in
the Philippines? (3%)

2. ABC Corporation was organized in Malaysia but has a branch in the Philippines. It is
entirely owned by Filipino citizens. Can you consider ABC Corporation a Philippine national?
(2%)

---ooo0ooo---

2016 BAR EXAMINATIONS


MERCANTILE LAW

November 20, 2016 8:00 A.M. - 12:00 P.M.

INSTRUCTIONS

1. This Questionnaire contains nine (9) pages. Check the number of pages and make sure it
has the correct number of pages and their proper numbers.
All the items have to be answered within.four (4) hours. Since there are twenty (20) questions,
you have 12 minutes to answer each question, and 6 minutes to answer each sub-question.
You may write on the Questionnaire for notes relating to the questions.

Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only on the front of
every sheet in your Notebook. If not sufficient, then start with the back page of the first sheet
and thereafter. Note well the allocated percentage points for each number, question, or sub-
question. In your answers, use the numbering system in the questionnaire.

2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with
the pertinent laws, rules, jurisprudence, and the facts.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given full credit. Thus, always briefly but fully explain your answers although the question does
not expressly ask for an explanation. Do not re-write or repeat the question in your Notebook.

3. Make sure you do not write your name or any extraneous note/s or distinctive markingls on
your Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner). Writing, leaving, or making any
distinguishing or identifying mark in the exam Notebook is considered cheating and can
disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE PRESBITERO J. VELASCO, JR.


Chairman
2016 Bar Examinations

What does "doing business in the Philippines" under the Foreign Investments Act of 1991
mean? (5%)
II

Jason is the proud owner of a newly-built house worth PS million. As a protection against any
possible loss or damage to his house, Jason applied for a fire insurance policy thereon with
Shure Insurance Corporation (Shure) on October 11, 2016 and paid the premium in cash. It
took the company a week to approve Jason's application. On October 18, 2016, Shure mailed
the approved policy to Jason which the latter received five (5) days later. However, Jason's
house had been razed by fire which transpired a day before his receipt of the approved policy.
Jason filed a written claim with Shure under the insurance policy. Shure prays for the denial of
the claim on the ground that the theory of cognition applies to contracts of insurance.

Decide Jason's claim with reasons. (5%)

III

ABC Appliances Corporation (ABC) is a domestic corporation engaged in the production and
sale of televisions and other appliances. YYY Engineers, a Taiwanese company, is the
manufacturer of televisions and other appliances from whom ABC actually purchases
appliances. From 2000, when ABC started doing business with YYY, it has been using the
mark "TTubes" in the Philippines for the television units that were bought from YYY. In 2015,
YYY filed a trademark application for "TTubes." Later, ABC also filed its application. Both
claim the right over the trademark "TTubes" for television products. YYY relies on the principle
of "first to file" while ABC involves the "doctrine of prior use."

[a] Does the fact that YYY filed its application ahead of ABC mean that YYY has the prior right
over the trademark? Explain briefly. (2.5%)

[b] Does the prior registration also mean a conclusive assumption that YYY Engineers is in
fact the owner of the trademark "TTubes?" Briefly explain your answer. (2.5%)

IV

X's "MINI-ME" burgers are bestsellers in the country. Its "MINI-ME" logo, which bears the
color blue, is a registered mark and has been so since the year 2010. Y, a competitor ofX, has
her own burger which she named "ME-TOO" and her logo thereon is printed in bluish-green.
When X sued Y for trademark infringement, the trial court ruled in favor of the plaintiff by
applying the Holistic Test. The court held that Y infringed on X's mark since the dissimilarities
between the two marks are too trifling and frivolous such that Y's "ME-TOO," when compared
to X's "MINI-ME," will likely cause confusion among consumers.

Is the application of the Holistic Test correct? (5%)

MS Brewery Corporation (MS) is a manufacturer and distributor of the popular beer "MS Lite."
It faces stiff competition from BA Brewery Corporation (BA) whose sales of its own beer
product, "BA Lighter," has soared to new heights. Meanwhile, sales of the "MS Lite"
decreased considerably. The distribution and marketing personnel of MS later discovered that
BA has stored thousands of empty bottles of "MS Lite" manufactured by MS in one of its
warehouses. MS filed a suit for unfair competition against BA before the Regional Trial Court
(RTC). Finding a connection between the dwindling sales of MS and the increased sales of
BA, the RTC ruled that BA resorted to acts of unfair competition to the detriment of MS. Is the
RTC correct? Explain. (5%)

VI

Nautica Shipping Lines (Nautica) bought a second hand passenger ship from Japan. It
modified the design of the bulkhead of the deck of the ship to accommodate more
passengers. The ship sunk with its passengers in Tablas Strait due to heavy rains brought by
the monsoon. The heirs of the passengers sued Nautica for its liability as a common carrier
based on the reconfiguration of the bulkhead which may have compromised the stability of the
ship. Nautica raised the defense that the monsoon is a fortuitous event and, at most, its
liability is prescribed by the Limited Liability Rule. Decide with reasons. (5%)

VII

A railroad track of the Philippine National Railway (PNR) is located near a busy intersection of
Puyat Avenue and Osmefia Highway. One afternoon, the intersection was heavily congested,
as usual. Juan, the driver of a public utility jeepney (PUJ), drove onto the railroad tracks but
could go no farther because of the heavy traffic at the intersection. After the jeepney stopped
right on the railroad track, it was hit and overturned by a PNR train, resulting in the death of
Kim, a passenger of the PUJ, and injuries to Juan and his other passengers. Juan, the injured
passengers and Kim's family sued the PNR for damages for its negligence. It was established
that the steel pole barrier before the track was broken, and that the PNR had the last clear
chance of avoiding the accident. On the other hand, the PNR raised the defense that the track
is for the exclusive use of the train and that motorists are aware that it is negligence per se to
stop their vehicles on the tracks. Decide the case and explain. (5%)

VIII

In 2015, Total Bank (Total) proposed to sell to Royal Bank (Royal) its banking business for P
10 billion consisting of specified assets and liabilities. The parties reached an eventual
agreement, which they termed as "Purchase and Assumption (P & A) Agreement," in which
Royal would acquire Total's specified assets and liabilities, excluding contingent claims, with
the further stipulation that it should be approved by the Bangko Sentral ng Pilipinas (BSP).
BSP imposed the condition that Total should place in escrow Pl billion to cover for contingent
claims against it. Total complied. After securing the approval of the BSP, the two banks signed
the agreement. BSP thereafter issued a circular advising all bank and non-bank intermediaries
that effective January 1, 2016, "the banking activities of Total Bank and Royal Bank have
been consolidated and the latter has carried out their operations since then."

[a] Was there a merger and consolidation of the two banks in point of the Corporation Code?
Explain. (2.5%)

[b] What is meant by a de facto merger? Discuss. (2.5%)

IX

X insured his life for P20 million. X, plays golf and regularly exercises everyday, hence is
considered in good health. He did not know, however, that his frequent headache is really
caused by his being hypertensive. In his application form for a life insurance for himself, he did
not put a check to the question if he is suffering from hypertension, believing that because of
his active lifestyle, being hypertensive is a remote possibility. While playing golf one day, X
collapsed at the fairway and was declared dead on arrival at the hospital. His death certificate
stated that X suffered a massive heart attack.

[a] Will the beneficiary of X be entitled to the proceeds of the life insurance under the
circumstances, despite the non-disclosure that he is hypertensive at the time of application?
(2.5%)
[b] IfX died in an accident instead of a heart attack, would the fact of X's failure to disclose that
he is hypertensive be considered as material information? (2.5%)

After securing a Pl million loan from B, A drew in B's favor a bill of exchange with C as
drawee. The bill reads: "October 1, 2016. Pay to the order of B the sum of P1 million. To: C
(drawee). Signed, A." A then delivered the bill to B who, however, lost it. It turned out that it
was stolen by D, B's brother. D lost no time in forging B's signature and negotiated it to E who
acquired it for value and in good faith.

May E recover on the bill from C, the drawee? Explain. (5%)

XI

Royal Links Golf Club obtained a loan from a bank which is secured by a mortgage on a titled
lot where holes 1, 2, 3 and 4 are located. The bank informed the Board of Directors (Board)
that if the arrearages are not paid within thirty (30) days, it will extra-judicially foreclose the
mortgage. The Board decided to offer to the members 200 proprietary membership shares,
which are treasury shares, at the price of P175,000.00 per share even when the current
market value is P200,000.00.

In behalf and for the benefit of the corporation, Peter, a stockholder, filed a derivative suit
against the members of the Board for breach of trust for selling the shares at P25,000.00,
lower than its market value, and asked for the nullification of the sales and the removal of the
board members. Peter claims the Club incurred a loss of PS million. The Board presented the
defense that in its honest belief any delay in the payment of the arrearages will be prejudicial
to the Club as the mortgage on its assets will be foreclosed and the sale at a lower price is the
best solution to the problem. Decide the suit and explain. (5%)

XII

X owns 10,000 shares in Z Telecoms Corp. As he is in immediate need of money, he offered


to sell all his shares to his friend, Y, at a bargain price. Upon receipt of the purchase price
from Y, X proceeded to indorse in blank the certificates of shares and delivered these to Y.
The latter then went to the corporate secretary of Z Telecoms Corp. and requested the
transfer of the shares in his name. The corporate secretary refused since X merely indorsed
the certificates in blank to Y. According to the corporate secretary, the certificates should have
been specifically indorsed to the purchaser, Y. Was the corporate secretary justified in
declining Y's request? Discuss. (5%)

XIII

C Corp. is the direct holder of 10% of the shareholdings in U Corp., a nonlisted (not public)
firm, which in turn owns 62% of the shareholdings in H Corp., a publicly listed company. The
other principal stockholder in H Corp. is C Corp. which owns 18% of its shares. Meanwhile,
the majority stocks in U Corp. are owned by B Corp. and V Corp. at 22% and 30%,
respectively. B Corp. and V Corp. later sold their respective shares in U Corp. to C Corp.,
thereby resulting in the increase of C Corp.'s interest in U Corp., whether direct or indirect, to
more than 50%.

[a] Explain the Tender Offer Rule under the Securities Regulation Code. (2.5%)

[b] Does the Tender Offer Rule apply in this case where there has been an indirect acquisition
of the shareholdings in H Corp. by C Corp.? Discuss. (2.5%)

XIV

X, a government official, has a number of bank accounts in T Bank containing millions of


pesos. He also opened several trust accounts in the same bank which specifically covered the
placement and/or investment of funds. X was later charged with graft and corruption before
the Sandiganbayan (SB) by the Ombudsman. The Special Prosecutor filed a motion praying
for a court order authorizing it to look into the savings and trust accounts of X in T Bank. X
opposed the motion arguing that the trust accounts are not "deposits" under the Law on
Secrecy of Bank Deposits (Rep. Act No. 1405). Is the contention of X correct? Explain. (5%)

XV

ABC Corp. is engaged in the pawnshop business involving cellphones, laptops and other
gadgets of value. In order to expand its business and attract investors, it offered to any person
who invests at least Pl 00,000.00 a "Promissory Note" where it obligated itself to pay the
holder a 50% return on investment within one month. Due to the attractive offer, many
individuals invested in the company but not one of them was able to realize any profit after
one month.

Has ABC Corp. violated any law with its scheme? Explain. (5%)
XVI

Henry is a board director in XYZ Corporation. For being the "fiscalizer" in the Board, the
majority of the board directors want him removed and his shares sold at auction, so he can no
longer participate even in the stockholders' meetings. Henry approaches you for advice on
whether he can be removed as board director and stockholder even without cause. What is
your advice? Explain "amotion" and the procedure in removing a director. (5%)

XVII

PJ Corporation (PJ) obtained a loan from ABC Bank (ABC) in the amount of P10 million for
the purchase of 100 pieces of ecodoors. Thereafter, a Letter of Credit was obtained by PJ
against such loan. The beneficiary of the Letter of Credit is Scrap Metal Corp. (Scrap Metal) in
Beijing, China. Upon arrival of 100 pieces of ecodoors, PJ executed a Trust Receipt in favor of
ABC to cover for the value of the ecodoors for its release to PJ. The terms of the Trust
Receipt is that any proceeds from the sale of the ecodoors will be delivered to ABC as
payment. After the ecodoors were sold, PJ, instead of paying ABC, used the proceeds of the
sale to order from Scrap Metal another 100 pieces of ecodoors but using another bank to
issue a new Letter of Credit fully covered by such proceeds.

PJ refused to pay the proceeds of the sale of the first set of ecodoors to ABC, claiming that
the ecodoors that were delivered were defective. It then instructed ABC not to negotiate the
Letter of Credit that was issued in favor of Scrap Metal.

[a] Explain what is a "Letter of Credit" as a financial device and a "Trust Receipt" as a security
to the Letter of Credit. (2.5%)

[b] As counsel of ABC, you are asked for advice on whether or not to grant the instruction of
PJ. What will be your advice? (2.5%)

XVIII

B Bank, a large universal bank, regularly extends revolving credit lines to business
establishments under what it terms as socially responsible banking and private business
partnership relations. All loans that are extended to clients have a common "Escalation
Clause," to wit: "B Bank hereby reserves its right to make successive increases in interest
rates in accordance with the bank's adopted policies as approved by the Monetary Board;
Provided that each successive increase shall be with the written assent of the depositor."

[a] X, a regular client of the bank, contends that the "Escalation Clause" is unfair,
unconscionable and contrary to law, morals, public policy and customs. Rule on the issue and
explain. (2.5%)

[b] Suppose that the "Escalation Clause" instead reads: "B Bank hereby reserves the right to
make reasonable increases in interest rates in accordance with bank policies as approved by
the Monetary Board; Provided, there shall be corresponding reasonable decreases in interest
rates as approved by the Monetary Board." Would this be valid? Explain. (2.5%)

XIX

In 2015, R Corp., a domestic company that is wholly owned by Filipinos, filed its opposition to
the applications for Mineral Production Sharing Agreements (MPSA) of O Corp., P Corp., and
Q Corp. which were pending before the Panel of Arbitrators (POA) of the Department of
Environment and Natural Resources (DENR). The three corporations wanted to undertake
exploration and mining activities in the province of Isabela. The oppositor alleged that at least
60% of the capital shareholdings of the applicants are owned by B Corp., a 100% Chinese
corporation, in violation of Sec. 2, Art. XII of the Constitution. The applicants countered that
they are qualified corporations as defined under the Philippine Mining Act of 1995 and the
Foreign Investments Act of 1991 since B Corp. holds only 40% of the capital stocks in each of
them and not 60% as alleged by R Corp.

The Summary of Significant Accounting Policies statement of B Corp. reveals that the joint
venture agreements of B Corp. with Sigma Corp. and Delta Corp. involve the 0 Corp., P Corp.,
and Q Corp. The ownership of the layered corporations and joint venture agreements show
that B Corp. practically exercises control over the 0, P and Q corporations. 0, P and Q
corporations contend that the control test should be applied and its MPSA applications
granted. On the other hand, R Corp. argues that the "grandfather rule" should be applied.
Decide with reasons. (5%)

XX

Company X issued a Bank A Check No. 12345 in the amount of P500,000.00 payable to the
Bureau of Internal Revenue (BIR) for the company's taxes for the third quarter of 1997. The
check was deposited with Bank B, the collecting bank with which the BIR has an account. The
check was subsequently cleared and the amount of P500,000.00 was deducted from the
company's balance. Thereafter, Company X was notified by the BIR of its non-payment of its
unpaid taxes despite the P500,000.00 debit from its account. This prompted the company to
seek assistance from the proper authorities to investigate on the matter.

The results of the investigation disclosed that unknown then to Company X, its chief
accountant Bonifacio Santos is part of a syndicate that devised a scheme to syphon its funds.
It was discovered that though deposited, the check was never paid to the BIR but was passed
on by Santos to Winston Reyes, Bank B's branch manager and Santos' co-conspirator.
Instead of bringing the check to the clearing house, Reyes replaced Check No. 12345 with a
worthless check bearing the same amount, and tampered documents to cover his tracks. No
amount was then credited to the BIR. Meanwhile, Check No. 12345 was subsequently cleared
and the amount therein credited into the accounts of fictitious persons, to be later withdrawn
by Santos and Reyes.

Company X then sued Bank B for the amount of P500,000.00 representing the amount
deducted from its account. Bank B interposed the defense that Company X was guilty of
contributory negligence since its confidential employee Santos was an integral part of the
scheme to divert the proceeds of Check No. 12345. Is Company X entitled to reimbursement
from Bank B, the collecting bank? Explain. (5%)

-END-

2017 BAR EXAMINATIONS


MERCANTILE LAW

November 19, 2017 8:00 A.M. - 12:00 N.N.

INSTRUCTIONS
1. This Questionnaire contains eleven (11) pages. Check and make sure that your
Questionnaire has the correct number of pages. You may write on your Questionnaire as you
answer the questions.

Read each question very carefully and write your answers in your Bar Examination Notebook
in the same order of the questions. Answer the essay questions legibly, clearly, and concisely.
Write your answers only on the front of every page of your Notebook. If the front pages are not
sufficient, continue at the back of the first page and so on. Start every number on a separate
page, but an answer to a sub-question under the same number may be written continuously
on the same page and on the immediately succeeding pages until the answer is complete.
Follow the numbering sequence of the Questionnaire in your answers.

2. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws
and jurisprudence, and arrive at sound and logical conclusions. Answers must fully explain
even if the questions do not expressly require explanations. A "Yes" or "No"
answer sans explanation or discussion will not be given full credit.

3. Marking of your Notebook with your name or other identifying signs or symbols extraneous
to the subject matter of the questions may be considered as cheating and may disqualify you.

Good luck!

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE LUCAS P. BERSAMIN


Chairman
2017 Bar Examinations

I.

A.

Absolute Timber Co. (ATC) has been engaged in the logging business in lsabela. To secure
one of its shipments of logs to be transported by Andok Shipping Co., ATC purchased a
marine policy with an "all risks" provision. Because of a strong typhoon then hitting Northern
Luzon, the vessel sank and the shipment of logs was totally lost. ATC filed its claim, but the
insurer denied the claim on several grounds, namely: (1) the vessel had not been seaworthy;
(2) the vessel's crew had lacked sufficient training; (3) the improper loading of the logs on only
one side of the vessel had led to the tilting of the ship to that side during the stormy voyage;
and (4) the extremely bad weather had been a fortuitous event.

ATC now seeks your legal advice to know if its claim was sustainable. What is your advice?
Explain your answer. (3%)

B.

The newly restored Ford Mustang muscle car was just released from the car restoration shop
to its owner, Seth, an avid sportsman. Given his passion for sailing, he needed to go to a
round-the-world voyage with his crew on his brand-new 180-meter yacht. Hearing about his
coming voyage, Sean, his bosom friend, asked Seth if he could borrow the car for his next
roadshow. Sean, who had been in the business of holding motor shows and promotions,
proposed to display the restored car of Seth in major cities of the country. Seth agreed and
lent the Ford Mustang to Sean. Seth further expressly allowed Sean to use the car even for
his own purposes on special occasions during his absence from the country. Seth and Sean
then went together to Bayad Agad Insurance Co. (BAIC) to get separate policies for the car in
their respective names.

SAIC consults you as its lawyer on whether separate policies could be issued to Seth and
Sean in respect of the same car.

(a) What is insurable interest? (2%)

(b) Do Seth and Sean have separate insurable interests? Explain Briefly your answer(3%)

II.

A.

Morgan, a lawyer, received a lot of diving and other water sports equipment as payment of his
professional fees by Dennis, his client in a child custody case. Dennis owned a diving and
water sports dealership in Anilao, Batangas. Morgan decided to name Dennis as entrustee
because he did not have any experience in selling such specialized sports equipment. They
executed a trust receipt agreement, with Morgan as entruster and Dennis as entrustee.

Before the sports equipment could be sold, a strong typhoon hit Batangas. Anilao and other
parts of Batangas experienced power outage. Taking advantage of the total darkness,
unidentified thieves destroyed the padlocks of the establishment of Dennis, and carted off the
equipment inside.

Morgan demanded that Dennis pay the value of the stolen equipment, but the latter refused
on the ground that he also had suffered from the effects of the typhoon, and insisted that the
cause of the loss was a fortuitous event or force majeure.

Is the justification of Dennis warranted? Explain your answer. (4%)

B.

Safe Warehouse, Inc. (Safe) issued on various dates negotiable warehouse receipts to Peter,
Paul and Mary covering certain goods deposited by the latter with the former. Peter, Paul and
Mary then negotiated and endorsed the warehouse receipts to Cyrus, Magnus and Charles
upon payment by the latter of valuable consideration for the warehouse receipts. Cyrus,
Magnus and Charles were not aware of, nor were they parties to any irregularity or infirmity
affecting the title or the face of the warehouse receipts.

On due dates of the warehouse receipts, Cyrus, Magnus and Charles demanded that Safe
surrender the goods to them. Safe refused because its warehouseman's claim must first be
paid. Cyrus, Magnus and Charles refused to pay, and insisted that such claim was the liability
of Peter, Paul and Mary.

(a) What is a warehouseman's claim? (3%)

(b) Is Safe's refusal to surrender the goods to Cyrus, Magnus and Charles legally justified?
Explain your answer. (3%)

III.

A.

Data Realty, Inc. (DRI) was engaged in realty development. The family of Matteo owned
100°/o of the capital stock of ORI. Matteo was also the President and Chairman of the Board
of Directors. Other members of Matteo's family held the major positions in ORI. Because of a
nasty takeover fight with D&E Realty Co., Inc. (D&E), another realty developer, for the control
of a smaller realty company with vast landholdings, ORI and D&E engaged in an expensive
litigation that eventually led to a money judgment being rendered in favor of D&E.
Meantime, DRI, facing inability to pay its liabilities as they fall due but still holding substantial
assets, filed a petition for voluntary rehabilitation. Trying to beat the consequences of
rehabilitation proceedings, D&E moved in the trial court for the issuance of a writ of execution.
The trial court also happened to be the rehabilitation court. The writ of execution was issued.

Serving the writ of execution, Merto, the court sheriff who had just passed his Credit
Transactions subject in law school, garnished Matteo's bank accounts, and levied his real
properties, including his house and lot in Makati.

Are the garnishment and levy of Matteo's assets lawful and proper? Explain your answer.
(4%)

B.

Sid used to be the majority stockholder and President of Excellent Corporation (Excellent).
When Meridian Co., Inc. (Meridian), a local conglomerate, took over control and ownership of
Excellent, it brought along its team of officers. Sid thus became a minority stockholder and a
minority member of the Board of Directors. Excellent, being the leading beverage
manufacturer in the country, became the monopoly when Meridian's own beverage business
was merged with Excellent's, thereby making Excellent virtually the only beverage
manufacturer in the country.

Left out and ignored by the management, Sid became a fiscalizer of sorts, questioning during
the Board meetings the direction being pursued by Excellent's officers.

Ultimately, Sid demanded the inspection of the books and other corporate records of
Excellent. The management refused to comply, saying that his right as a minority stockholder
has been much reduced.

State under what conditions may Sid properly assert his right to inspect the books and other
corporate records of Excellent. Explain your answer. (3%)

IV.

Procopio, a Director and the CEO of Parisian Hotel Co., Inc. (Parisian), was charged along
with other company officials with several counts of estafa in connection with the non-
remittance of SSS premiums the company had collected from its employees. During the
pendency of the cases, Parisian filed a petition for rehabilitation. The court, finding the petition
to be sufficient in form and substance, issued a commencement order together with a stay or
suspension order.

Citing the commencement order, Procopio and the other officers facing the criminal charges
moved to suspend the proceedings in the estafa cases.

(a) What is a commencement order, and what is the effect of its issuance? Explain your
answer. (4%)

(b) Suppose you are the trial judge, will you grant the motion to suspend of Procopio, et
al.? Explain your answer. (4%)

V.

A.

Under the Nell Doctrine, so called because it was first pronounced by the Supreme Court in
the 1965 ruling in Nell v. Pacific Farms, Inc. (15 SCRA 415), the general rule is that where one
corporation sells or otherwise transfers all of its assets to another corporation, the latter is not
liable for the debts and liabilities of the transferor.

State the exceptions to the Nell Doctrine. (4%)

B.

Santorini Corporation (Santorini) was in dire straits. In order to firm up its financial standing, it
agreed to entertain the merger and takeover offer of Proficient Corporation (Proficient), the
leading company in their line of business. Erica, the major stockholder of Santorini, strongly
opposed the merger and takeover. The matter of the merger and takeover by Proficient was
included in the agenda of the next meeting of Santorini's Board of Directors. However, owing
to Erica's serious illness that required her to seek urgent medical treatment and care in
Singapore, she failed to attend the meeting and was consequently unable to cast her vote.
The Board of Directors approved the merger and takeover. At the time of the meeting,
Santorini had been in the red for a number of years owing to its recurring business losses and
reverses.

Erica seeks your legal advice regarding her right as a stockholder opposed to the corporate
action. Explain your answer. (4%)
C.

Samito is the President and a Director of Lucky Bank (Lucky}, a commercial bank holding its
main office in Makati. His brother, Othello, owned a big fishing business based in Malabon.
Othello applied for a loan of PSO Million with Lucky. Othello followed the ordinary banking
procedures in all the stages of the processing of his application. When required, he made the
necessary arrangements to guarantee the loan. Thus, in addition to the real estate mortgage,
Othello executed a joint and solidary suretyship, issued postdated checks, and submitted all
other requirements prescribed by Lucky.

When the loan application was about to be approved and the proceeds released, BG
Company, a keen competitor of Othello in the fishing industry, wrote to the Board of Directors
and the management of Lucky questioning the loan on the ground of conflict of interest due to
Samito and Othello being brothers, citing the legal restriction against bank exposure of
directors, officers, stockholders or their related interests (DOSRI).

(a) What are the three restrictions imposed by law on DOSRI transactions? (4%)

(b) Is BG Company's opposition based on conflict of interest and violation of the restrictions on
DOSRI transactions legally and factually correct? Explain your answer. (4%)

VI.

A.

Hortencio owned a modest grocery business in Laguna. Because of the economic downturn,
he incurred huge financial liabilities. He remained afloat only because of the properties
inherited from his parents who had both come from landed families in Laguna. His main
creditor was Puresilver Company (Puresilver), the principal supplier of the merchandise sold
in his store. To secure his credit with Puresilver, he executed a real estate mortgage with a
dragnet clause involving his family's assets worth several millions of pesos.

Nonetheless, Hortencio, while generally in the black, now faces a situation where he is unable
to pay his liabilities as they fall due in the ordinary course of business. What will you advise
him to do to resolve his dire financial condition? Explain your answer. (5%)

B.
Wyatt, an internet entrepreneur, engaged in a sideline business of creating computer
programs for selected clients on a per project basis and for servicing basic computer problems
of his friends and family members. His main job was being an IT consultant at Futurex Co., a
local computer company.

Because of his ill-advised investments in the stock market and the fraud perpetrated against
him by his trusted confidante, Wyatt was already drowning in debt, that is, he had far more
liabilities than his entire assets.

What legal recourse remained available to Wyatt? Explain your answer. (5%)

VII.

A.

Virtucio was a composer of llocano songs who has been quite popular in the llocos Region.
Pascuala is a professor of music in a local university with special focus on indigenous music.
When she heard the musical works of Virtucio, she purchased a CD of his works. She copied
the CD and sent the second copy to her Music instructions for the class to listen to the CD and
analyze the works of Virtucio.

Did Pascuala thereby infringe Virtucio's copyright? Explain your answer. (4%)

B.

Super Biology Corporation (Super Biology) invented and patented a miracle medicine for the
cure of AIDS. Being the sole manufacturer, Super Biology sold the medicine at an exorbitant
price. Because of the sudden prevalence of AIDS cases in Metro Manila and other urban
areas, the Department of Health (DOH) asked Super Biology for a license to produce and sell
the AIDS medicine to the public at a substantially lower price. Super Biology, citing the huge
costs and expenses incurred for research and development, refused.

Assuming you are asked your opinion as the legal consultant of the DOH, discuss how you
will resolve the matter. (4%)

VIII.

A.
Flora, a frequent traveller, found a purse concealed between the cushions of a large sofa
inside the VIP lounge in NAIA while she was waiting for her flight to be called. Inside the purse
was a very valuable diamond-studded necklace. She decided not to turn over the purse to the
airport management, and instead to keep it. On her return from her travels, she had a
dependable jeweller appraise the necklace, and the latter told her that the necklace was easily
worth at least ₱5,000,000.00 in the open market. To test the appraisal, she pawned the
necklace for ₱2,000,000.00. She then deposited the entire amount in her checking account
with Metro Bank. Promptly, Metro Bank reported the transaction to the Anti-Money Laundering
Council (AMLC).

Given that her appropriation of the necklace was theft, may Flora be successfully prosecuted
for money laundering? Explain briefly your answer. (4%)

B.

Prosperous Bank is a domestic bank with head office in Makati. It handles the banking
requirements of thousands of clients.

The AMLC initiated a discreet investigation of the financial transactions of Lorenzo, a


suspected drug trafficker based in Naga City. The intelligence group of the AMLC, in
coordination with the counterpart group from the PDEA and the NBI, gathered ample evidence
establishing Lorenzo's unlawful drug activities. The AMLC had probable cause that his
deposits and investments in various banks, including Prosperous Bank, were related to money
laundering.

Accordingly, the AMLC now transmits to Prosperous Bank a formal demand to allow its agents
to examine the banking transactions of Lorenzo, but Prosperous Bank refuses the demand.

Is Prosperous Bank's refusal justified? Explain your answer. (4%)

IX.

A.

Alfred issued a check for ₱1,000.00 to Benjamin, his friend, as payment for an electronic
gadget. The check was drawn against Alfred's account with Good Bank. Benjamin then
indorsed the check specially in favor of Cesar. However, Cesar misplaced the check. Dexter,
a dormmate of Cesar, found the check, altered its amount to ₱91,000.00, and forged Cesar's
indorsement by way of a blank indorsement in favor of Felix, a known jeweler. Felix then
caused the deposit of the check in his account with Solar Bank. As collecting bank, Solar
Bank stamped "all previous indorsements guaranteed" on the check. Seeing such stamp of
the collecting bank, Good Bank paid the amount of ₱91,000.00 on the check.

May Good Bank claim reimbursement from Alfred? Explain your answer. (4%)

B.

In 2006, Donald, an American temporarily residing in Cebu City, issued to Rhodora a check
for $50,000.00 drawn against Wells Fargo Bank with offices in San Francisco, California.
Rhodora negotiated the check and delivered it to Yaasmin, a Filipina socialite who frequently
travelled locally and internationally. Because of her frequent travels, Yaasmin misplaced the
check. It was only 11 years later on, in 2017, when she found the check inside a diary kept in
her vault in her Hollywood, California house.

Discuss and explain the rights of Yaasmin on the check. (4%)

X.

Wisconsin Transportation Co., Inc. (WTC) owned and operated an inter-island de luxe bus
service plying the Manila-Batangas-Mindoro route. Three friends, namely: Aurelio, Jerome
and Florencio rode on the same WTC bus from Manila bound for Mindoro. Aurelio purchased
a ticket for himself. Jerome, being a boyhood friend of the bus driver, was allowed a free ride
by agreeing to sit during the trip on a stool placed in the aisle. Florencio, already penniless
after spending all of his money on beer the night before, just stole a ride in the bus by hiding in
the on-board toilet of the bus.

During the trip, the bus collided with another bus coming from the opposite direction. The
three friends all suffered serious physical injuries.

What are WTC's liabilities, if any, in favor of Aurelio, Jerome and Florencio? Explain your
answer. (4%)

XI.

TRUE or FALSE - Explain briefly your answer.


(a) A conviction under the Trust Receipts Law shall bar a prosecution for estafa under
the Revised Penal Code. (2%)

(b) The term capital in relation to public utilities under Sec. 11, Art. XII of the 1987 Constitution
refers to the total outstanding capital stock comprising both common and non-voting preferred
shares. (2%)

(c) Forgery is a real defense but may only be raised against a holder not in due course. (2%)

(d) News reports are not copyrightable. (2%)

(e) The law on life insurance prohibits double insurance. (2%)

XII.

Onassis Shipping, Inc. (Onassis) operated passenger vessels and cargo trucks, and offered
its services to the general public. In line with its vision and mission to protect the environment,
Go-Green Asia (Go-Green), an NGO affiliated with Greenpeace, entered into a contract with
Onassis whereby Go-Green would operate with its own crew the MN Dolphin, an ocean-going
passenger vessel of Onassis.

While on its way to Palawan carrying Go-Green's invited guests who were international and
local observers desirous of checking certain environmental concerns in the area, the MN
Dolphin encountered high waves and strong winds caused by a typhoon in the West
Philippine Sea. The rough seas led to serious physical injuries to some of the guests.

Discuss the liabilities of Onassis and Go-Green to the passengers of the M/V Dolphin. Explain
briefly your answer. (3%)

-NOTHING FOLLOWS-

BAR EXAMINATION 2007


CRIMINAL LAW
16 September 2007 2:00 P.M. - 5 P.M.

INSTRUCTIONS

This questionnaire consists of ten (10) numbers contained in FIVE (5) pages. Read each
question very carefully. Answer legibly, clearly, and concisely. Start each number on a
separate page; an answer to a sub-question under the same number may be written
continuously on the same page and immediately succeeding pages until completed. Do not
repeat the question. A mere "Yes" or "No" answer without any corresponding discussion will
not be given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!

Signed ADOLFO S. AZCUNA


Chairperson
2007 Bar Examination Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET


WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CRIMINAL LAW

I.
(10%)

What are the penalties that may be served simultaneously?

II.
(10%)

Tiburcio asked Anastacio to join their group for a "session". Thinking that it was for
a mahjong session, Anastacio agreed. Upon reaching Tiburcio’s house, Anastacio discovered
that it was actually a shabu session. At that precise time, the place was raided by the police,
and Anastacio was among those arrested.
What crime can Anastacio be charged with, if any? Explain your answer.

III.
(10%)

Jervis and Marlon asked their friend, Jonathan, to help them rob a bank. Jervis and Marlon
went inside the bank, but were unable to get any money from the vault because the same was
protected by a time-delay mechanism. They contented themselves with the customer’s
cellphones and a total of P5,000 in cash. After they dashed out of the bank and rushed into
the car, Jonathan pulled the car out of the curb, hitting a pedestrian which resulted in the
latter’s death.

What crime or crimes did Jervis, Marlon and Jonathan commit? Explain your answer.

IV.
(10%)

Macky, a security guard, arrived home late one night after rendering overtime. He was
shocked to see Joy, his wife, and Ken, his best friend, in the act of having sexual intercourse.
Macky pulled out his service gun and shot and killed Ken.

The court found that Ken died under exceptional circumtances and exonerated Macky of
murder but sentenced him to destierro, conformably with Article 247 of the Revised Penal
Code. The court also ordered Macky to pay indemnity to the heirs of the victim in the amount
of P50,000.

a. Did the court correctly order Macky to pay indemnity even though he was exonerated
of murder? Explain your answer.

b. While serving his sentenced, Macky entered the prohibited area and had a pot session
with Ivy (Joy’s sister). Is Macky entitled to an indeterminate sentence in case he is
found guilty of the use of prohibited substances? Explain your answer.

V.
(10%)

a. Distinguish between an accomplice and a conspirator.


b. What are the three (3) classes of offender in the crime of qualified seduction? Give an
example of each.

VI.
(10%)

What are the different acts of inciting to sedition?

VII.
(10%)

Eddie brought his son Randy to a local faithhealer known as "Mother Himala." He was
diagnosed by the faithhealer as being possessed by an evil spirit. Eddie thereupon authorized
the conduct of a "treatment" calculated to drive the spirit from the boy’s body. Unfortunately,
the procedure conducted resulted in the boy’s death.

The faithhealer and tree others who were part of the healing ritual were charged with murder
and convicted by the lower court. If you are appellate court Justice, would you sustain the
conviction upon appeal? Explain your answer.

VIII
(10%)

Fe is the manager of a rice mill in Bulacan. In order to support a gambling debt, Fe made it
appear that the rice mill was earning less than it actually was by writing in a "talaan" or ledger
a figure lower than what was collected and paid by their customers. Fe then pocketed the
difference. What crime/s did Fe commit, If any? Explain your answer.

IX.
(10%)

During a concert of Gary V. and in order to prevent the crowd from rushing to the stage,
Rafael Padilla {a security guard} pointed his gun at the onrush of people. When the crowd still
pushed forward, Rafael fired his gun into air to scare them off. However, the bullet hit one of
the metal roof supports, ricocheted and then hit one of the stage crew members, causing
injuries which resulted in the latter’s confinement in a hospital for twelve days.

What crime/s did Rafael commit? Explain your answer.


X.
(10%)

Pinky was a lessee of a market stall owned by Giovanni. When Pinky refused to pay her
rental, Giovanni nailed some wooden barricades on one of the sides of the market stall and
posted this warning: "We have closed this portion of the door. Do not open it or else
something may happen to you."

What crime/s did Giovanni commit, if any? Explain your answer.

NOTHING FOLLOWS.

BAR EXAMINATION 2008


CRIMINAL LAW

21 September 2008 2:00 P.M. - 5 P.M.

INSTRUCTIONS

This questionnaire consist of fifteen (15) questions contained in six (6) pages. Read each
question very carefully. Answer legibly, clearly and concisely. Start each number on a
separate page; an answer to a subquestion under the same number may be written
continuously on the same page and on the immediately succeeding pages until completed. Do
not repeat the question.

You will be given credit for your knowledge of legal doctrine and for the quality of your legal
reasoning. A mere " Yes" or "No" answer without any corresponding discussion will not be
given credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!
Signed DANTE O. TINGA
Chairperson
2008 Bar Examination Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET


WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CRIMINAL LAW

a. After due hearing on a petition for a writ of amparo founded on the acts of enforced
disappearance and extralegal killing of the son of the complainant allegedly done by
the respondent military officers, the court granted the petition. May the military officers
be criminally charged in court with enforced disappearance and extralegal killing?
Explain fully. (3%)

b. Are human rights violations considered as crimes in the Philippines? Explain. ( 3% )

II

While Carlos was approaching his car, he saw it being driven away by Paolo, a thief. Carlos
tried to stop Paolo by shouting at him, but Paolo ignored him. To prevent his car from being
carnapped, Carlos drew his gun, aimed at the rear wheel of the car and fired. The shot blew
the tire which caused the car to veer out of control and collide with an oncoming tricycle, killing
the tricycle driver.

a. What is the criminal liability of Carlos, if any? Explain. ( 4% )

b. What is the criminal liability of Paolo, if any? Explain. ( 4% )

III

Olimpio caught a cold and was running a fever. His doctor prescribed paracetamol. Olimpio
went to a drug store with the prescription, and the pharmacist sold him three(3) tablets. Upon
arriving home, he took a tablet. One hour later, he had a seizure and died. The autopsy
showed that the tablet he had taken was not paracetamol but a pill to which he was allergic.
The pharmacist was charged with murder. Is the charge proper? If not, what should it be?
Explain. ( 6% )

IV

Manolo revealed to his friend Domeng his desire to kill Cece. He likewise confided to Domeng
his desire to borrow his revolver. Domeng lent it. Manolo shot Cece in Manila with Domeng's
revolver. As his gun was used in the killing,Domeng asked Mayor Tan to help him escape.
The mayor gave Domeng P5,000.00 and told him to proceed to Mindanao to hide. Domeng
went to Mindanao. The mayor was later charged as an accessory to Cece's murder.

a. Can he be held liable for the charge? Explain. ( 4 % )

b. Can he be held liable for any other offense? Explain fully. ( 3% )

Eman, a vagrant, found a bag containing identification cards and a diamond ring along Roxas
Blvd. Knowing that it was not his, he went to a nearest police station to seek help in finding the
owner of the bag. At the precint PO1 Melvin attended to him. In the investigation Eman
proposed to PO1 Melvin, "in case you don't find the owner let's just pawn straight to the
pawnshop and pawned the ring for P50,000.00 Eman never saw PO1 Melvin again.

a. What is the criminal liability of Eman, If any? Explain. ( 3% )

b. What is the criminal liability of PO1 Melvin, is any? Explain ( 3% )

VI

Hubert and Eunice were married in the Philippines. Hubert took graduate studies in New York
and met his former girlfriend Eula. They renewed their friendship and finally decided to get
married. The first wife, Eunice, heard about the marriage and secures a copy of the marriage
contract in New York. Eunice filed a case of Bigamy against Hubert in the Philippines.

a. Will the case prosper? Explain. ( 4% )

b. If Eunice gave her consent to the second marriage, what will your answer be? Explain.
( 3% )

VII
The inter-island vessel M/V Viva Lines I, while cruising off Batanes, was forced to seek shelter
at the harbor of Kaoshiung, Taiwan because of a strong typhoon. While anchored in said
harbor, Max, Baldo and Bogart arrived in a speedboat, fired a bazooka at the bow of the
vessel, boarded it and divested the passengers of their money and jewelry. A passenger of
M/V Viva Lines I, Dodong advantage of the confusion to settle an old grudge with another
passenger, and killed him. After their apprehension, all four were charged with qualified piracy
before a Philippine court.

a. Was the charge of qualified piracy against the three person ( Max, Badong and Bogart
) who boarded the inter-island vessel correct? Explain. ( 3% )

b. Was Dodong correctly charged before the Philippine court for qualified piracy? Explain.
( 3% )

VIII

Francis and Joan were sweethearts, but their parents had objected to their relationship
because they were first cousins. They forged a pact in writing to commit suicide. The
agreement was shoot each other in the head which they did. Joan died. Due to medical
assistance, Francis survived. Is Francis criminally liable for the death of Joan? Explain. ( 5% )

IX

Dennis leased his apartment to Myla for P10,000 a month. Myla failed to pay the rent for
3months. Gabriel , the son of Dennis, prepared a demand letter falsely alleging that his father
had authorized him to collect the unpaid rentals. Myla paid the unpaid rentals to Gabriel who
kept the payment.

a. Did Gabriel commit a crime? Explain. ( 4% )

b. Can Gabriel invoke his relationship with Dennis to avoid criminal liability? Explain. ( 3%
)

Upon opening a letter containing 17 money orders, the mail carrier forged the signatures of
the payees on the money order and encashed them. What crime or crimes did the mail carrier
commit? Explain briefly. ( 6% )
XI

Ricky was reviewing for the bar exam when the commander of a vigilante group came to him
and showed him a list of five policemen to be liquidated by them for graft and corruption. He
was further asked if any of them is innocent. After going over the list, Ricky pointed to two of
the policemen as honest. Later, the vigilante group liquidated the three other policemen in the
list. The commander of the vigilante group reported the liquidation to Ricky. Is Ricky criminally
liable? Explain. ( 7% )

XII

Raissa and Martin are married to each other but had been separated for the last five years.
Raissa decided to wed Juan, her suitor. Who had no inkling that she was married. Raissa and
Juan accomplished an application for marriage license which they subscribed and swore to
before the Local Civil Registrar. Raissa declared, in the application, that she is single. The
marriage licensed was issued. In due time, the couple were married by the mayor. Raissa and
Juan had their first sexual intercourse later in the evening.

What crime or crimes, if any, did Raissa commit? Explain briefly. ( 7% )

XIII

Lucas had been the stay-in houseboy of spouses Nestor and Julia for Five Years. One Night,
while Nestor and Julia were out having dinner, Lucas and his friend Pedro gained entry into
the masters' bedroom with the used of a false key. They found Julia's jewelry box in one of the
cabinets which was unlocked. Lucas believed that Julia's jewelry inside the box. Unknown to
Lucas and Pedro, the box was empty. Pedro took the box and left the bedroom with Lucas.
They were shock when they saw Nestor in the sala, pointing a gun at them. Nestor ordered
them to stop and hand over the box. Pedro complied. It turned out that Nestor had just arrived
in time to see Lucas and Pedro leaving the master's bedroom with the box.

State with reasons, the crime or crimes, if any, Lucas and Pedro committed. ( 7% )

XIV

Eliseo, the deputy sheriff, conducted the execution sale of the property of Andres to satisfy the
judgment against him in favor of ABC Corporation, a government-owned or controlled
corporation with an original charter. However, the representative of the corporation failed to
attend the auction sale. Gonzalo , the winning bidder, purchased property for P100,000 which
he paid to Eliseo. Instead of remitting the amount to the Clerk of Court as ex-officio Provincial
Sheriff, Eliseo lent the amount to Myrna, his officemate, who promised to repay the amount
within two months, with interest thereon. However, Myrna reneged on her promise. Despite
demands of ABC Corporation, Eliseo failed to remit the said amount.

a. State with reasons, the crime or crimes, if any, committed by Eliseo. ( 4% )

b. Would your answer to the first question be the same if ABC Corporattion were a
private corporation? Explain. ( 3% )

XV

Roger, the leader of a crime syndicate in Malate, Manila, demanded the payment by Antonio,
the owner of a motel in that area, of P10,000 a month as "protection money". With the monthly
payment, Roger assured, the syndicate would provide protection to Antonio, his business, and
his employees. Should Antonio refuse, Roger warned, the motel owner would either be killed
or his establishment destroyed. Antonio refused to pay the protection money. Days later, at
round 3:00 in the morning, Mauro, a member of the criminal syndicate, arrived at Antonio's
home and hurled a grenade inti an open window of the bedroom where Antonio, his wife and
their three year-old daughter were sleeping. All three of them were killed instantly when the
grenade exploded.

State, with reason, the crime or crimes that had been committed as well as the aggravating
circumstances, if any, attendant thereto.(7%)

NOTHING FOLLOWS.

BAR EXAMINATION 2009


CRIMINAL LAW

20 September 2009 2 P.M. - 5 P.M.

INSTRUCTIONS
This questionnaire is in two (2) PARTS: Part I with ten (10) questions (numbered I to X),
contained in six (6) pages; and Part II with nine (9) questions (numbered XI-XIX), contained in
five (5) pages, for a total number of eleven (11) pages.

Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.

Begin your answer to each numbered question on a separate page; an answer to a


subquestion under the same number may be written continuously on the same page and
succeeding pages until completed.

Answer the questions directly and concisely. Do not repeat the questions. Write legibly.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.

GOOD LUCK!

_____________________________________
ANTONIO EDUARDO B. NACHURA
CHAIRPERSON
2009 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS TWELVE (12) PAGES (INCLUDING THIS
PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CRIMINAL LAW

PART I

I
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences. (5%)

a. Amado, convicted of rape but granted an absolute pardon by the President, and one
year thereafter, convicted of homicide, is a recidivist.

b. The creditor who resorts to forced labor of a child under the pretext of reimbursing
himself for the debt incurred by the child’s father commits the crime of slavery.

c. The use of an unlicensed firearm in homicide is considered a generic aggravating


circumstance which can be offset by an ordinary mitigating circumstance.

d. A person who, on the occasion of a robbery, kills a bystander by accident is liable for
two separate crimes: robbery and reckless imprudence resulting in homicide.

e. A policeman who, without a judicial order, enters a private house over the owner’s
opposition is guilty of trespass to dwelling.

II

Antero Makabayan was convicted of the crime of Rebellion. While serving sentence, he
escaped from jail. Captured, he was charged with, and convicted of, Evasion of Service of
Sentence. Thereafter, the President of the Philippines issued an amnesty proclamation for the
offense of Rebellion. Antero applied for and was granted the benefit of the amnesty
proclamation.

Antero then filed a petition for habeas corpus, praying for his immediate release from
confinement. He claims that the amnesty extends to the offense of Evasion of Service of
Sentence. As judge, will you grant the petition? Discuss fully. (4%)

III

Rigoberto gate-crashed the 71st birthday party of Judge Lorenzo. Armed with a piece of wood
commonly known as dos por dos, Rigoberto hit Judge Lorenzo on the back, causing the
latter’s hospitalization for 30 days. Upon investigation, it appeared that Rigoberto had a
grudge against Judge Lorenzo who, two years earlier, had cited Rigoberto in contempt and
ordered his imprisonment for three (3) days.

a. Is Rigoberto guilty of Direct Assault? Why or why not? (3%)


b. Would your answer be the same if the reason for the attack was that when Judge
Lorenzo was still a practicing lawyer ten years ago, he prosecuted Rigoberto and
succeeded in sending him to jail for one year? Explain your answer. (3%)

IV

Charlie hated his classmate, Brad, because the latter was assiduously courting Lily, Charlie’s
girlfriend. Charlie went to a veterinarian and asked for some poison on the pretext that it would
be used to kill a very sick, old dog. Actually, Charlie intended to use the poison on Brad.

The veterinarian mistakenly gave Charlie a non-toxic powder which, when mixed with Brad’s
food, did not kill Brad.

a. Did Charlie commit any crime? If so, what and why? If not, why not? (3%)

b. Would your answer be the same if Brad proved to be allergic to the powder, and after
ingesting it with his food, fell ill and was hospitalized for ten (10) days? Explain. (3%)

Ponciano borrowed Ruben’s gun, saying that he would use it to kill Freddie. Because Ruben
also resented Freddie, he readily lent his gun, but told Ponciano: "O, pagkabaril mo kay
Freddie, isauli mo kaagad, ha." Later, Ponciano killed Freddie, but used a knife because he
did not want Freddie’s neighbors to hear the gunshot.

a. What, if any, is the liability of Ruben? Explain. (3%)

b. Would your answer be the same if, instead of Freddie, it was Manuel, a relative of
Ruben, who was killed by Ponciano using Ruben’s gun? Explain. (3%)

VI

Baldo killed Conrad in a dark corner, at midnight, on January 2, 1960. Dominador witnessed
the entire incident, but he was so scared to tell the authorities about it.

On January 2, 1970, Dominador, bothered by his conscience, reported the matter to the
police. After investigation, the police finally arrested Baldo on January 6, 1980. Charged in
court, Baldo claims that the crime he committed had already prescribed.

Is Baldo’s contention correct? Explain. (3%)


VII

Charina, Clerk of Court of an RTC Branch, promised the plaintiff in a case pending before the
court that she would convince the Presiding Judge to decide the case in plaintiff’s favor. In
consideration therefor, the plaintiff gave Charina P20,000.00.

Charina was charged with violation of Section 3 (b) of Republic Act No. 3019, prohibiting any
public officer from directly or indirectly requesting or receiving any gift, present, percentage, or
benefit in connection with any contract or transaction x x x wherein the public officer, in his
official capacity, has to intervene under the law.

While the case was being tried, the Ombudsman filed another information against Charina for
Indirect Bribery under the Revised Penal Code. Charina demurred to the second information,
claiming that she can no longer be charged under the Revised Penal Code having been
charged for the same act under R.A. 3019.

Is Charina correct? Explain. (3%)

VIII

While Alfredo, Braulio, Ciriaco, and Domingo were robbing a bank, policemen arrived. A
firefight ensued between the bank robbers and the responding policemen, and one of the
policemen was killed.

a. What crime or crimes, if any, had been committed? Explain. (3%)

b. Suppose it was Alfredo who was killed by the responding policemen, what charges can
be filed against Braulio, Ciriaco and Domingo? Explain. (2%)

c. Suppose in the course of the robbery, before the policemen arrived, Braulio shot and
killed Alfredo following a heated disagreement on who should carry the money bags,
what would be the criminal liability of Braulio, Ciriaco and Domingo? Explain. (2%)

IX

Virgilio, armed with a gun, stopped a van along a major thoroughfare in Manila, pointed the
gun at the driver and shouted: "Tigil! Kidnap ito!"

Terrified, the driver, Juanito, stopped the van and allowed Virgilio to board. Inside the van
were Jeremias, a 6-year-old child, son of a multi-millionaire, and Daday, the child’s nanny.
Virgilio told Juanito to drive to a deserted place, and there, ordered the driver to alight. Before
Juanito was allowed to go, Virgilio instructed him to tell Jeremias’ parents that unless they
give a ransom of P10-million within two (2) days, Jeremias would be beheaded. Daday was
told to remain in the van and take care of Jeremias until the ransom is paid. Virgilio then drove
the van to his safehouse.

What crime or crimes, if any, did Virgilio commit? Explain. (5%)

To secure the release of his brother Willy, a detention prisoner, and his cousin Vincent, who is
serving sentence for homicide, Chito asked the RTC Branch Clerk of Court to issue an Order
which would allow the two prisoners to be brought out of jail. At first, the Clerk refused, but
when Chito gave her P50,000.00, she consented.

She then prepared an Order requiring the appearance in court of Willy and Vincent, ostensibly
as witnesses in a pending case. She forged the judge’s signature, and delivered the Order to
the jail warden who, in turn, allowed Willy and Vincent to go out of jail in the company of an
armed escort, Edwin. Chito also gave Edwin P50,000.00 to leave the two inmates unguarded
for three minutes and provide them with an opportunity to escape. Thus, Willy and Vincent
were able to escape.

What crime or crimes, if any, had been committed by Chito, Willy, Vincent, the Branch Clerk of
Court, Edwin, and the jail warden? Explain your answer. (5%)

PART II

XI

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences. (5%)

a. Life imprisonment is a penalty more favorable to the convict than reclusion perpetua.

b. Voluntary surrender is a mitigating circumstance in all acts and omissions punishable


under the Revised Penal Code.
c. In a prosecution for fencing under P.D. 1612, it is a complete defense for the accused
to prove that he had no knowledge that the goods or articles found in his possession
had been the subject of robbery.

d. In the crime of libel, truth is an absolute defense.

e. For a person who transacts an instrument representing the proceeds of a covered


unlawful activity to be liable under the Anti-Money Laundering Act (R.A. 9160, as
amended), it must be shown that he has knowledge of the identities of the culprits
involved in the commission of the predicate crimes.

XII

a. In a conviction for homicide, the trial court appreciated two (2) mitigating
circumstances and one (1) aggravating circumstance. Homicide under Article 249 of
the Revised Penal Code is punishable by reclusion temporal, an imprisonment term of
twelve (12) years and one (1) day to twenty (20) years. Applying the Indeterminate
Sentence Law, determine the appropriate penalty to be imposed. Explain. (3%)

b. Will your answer be the same if it is a conviction for illegal possession of drugs under
R.A. 9165 (Dangerous Drugs Act of 2002), the prescribed penalty of which is also
imprisonment for a term of twelve (12) years and one (1) day to twenty (20) years?
Why or why not? (3%)

XIII

Angelo devised a Ponzi Scheme in which 500 persons were deceived into investing their
money upon a promise of a capital return of 25%, computed monthly, and guaranteed by post-
dated checks. During the first two months following the investment, the investors received
their profits, but thereafter, Angelo vanished.

Angelo was charged with 500 counts of estafa and 2,000 counts of violation of Batas
Pambansa (BP) 22. In his motion to quash, Angelo contends that he committed a continued
crime, or delito continuado, hence, he committed only one count of estafa and one count of
violation of BP 22.

a. What is delito continuado? (1%)

b. Is Angelo’s contention tenable? Explain. (4%)


XIV

Following his arrest after a valid buy-bust operation, Tommy was convicted of violation of
Section 5, Republic Act 9165. On appeal, Tommy questioned the admissibility of the evidence
because the police officers who conducted the buy-bust operation failed to observe the
requisite "chain of custody" of the evidence confiscated and/or seized from him.

What is the "chain of custody" requirement in drug offenses? What is its rationale? What is the
effect of failure to observe the requirement? (3%)

XV

Joe was 17 years old when he committed homicide in 2005. The crime is punishable
by reclusion temporal. After two years in hiding, he was arrested and appropriately charged in
May 2007. Since Republic Act 9344 (Juvenile Justice and Welfare Act of 2006) was already in
effect, Joe moved to avail of the process of intervention or diversion.

a. What is intervention or diversion? Is Joe entitled to intervention or diversion? Explain.


(3%)

b. Suppose Joe’s motion for intervention or diversion was denied, and he was convicted
two (2) years later when Joe was already 21 years old, should the judge apply the
suspension of sentence? Explain. (2%)

c. Suppose Joe was convicted of attempted murder with a special aggravating


circumstance and was denied suspension of sentence, would he be eligible for
probation under Presidential Decree (PD) 968, considering that the death penalty is
imposable for the consummated felony? Explain. (2%)

XVI

Roger and Jessie, Municipal Mayor and Treasurer, respectively, of San Rafael, Leyte, caused
the disbursement of public funds allocated for their local development programs for 2008.
Records show that the amount of P2-million was purportedly used as financial assistance for a
rice production livelihood project. Upon investigation, however, it was found that Roger and
Jessie falsified the disbursement vouchers and supporting documents in order to make it
appear that qualified recipients who, in fact, are non-existent individuals, received the money.
Roger and Jessie are charged with malversation through falsification and violation of Section
3 (e) of R.A. 3019 for causing undue injury to the government. Discuss the propriety of the
charges filed against Roger and Jessie. Explain. (4%)

XVII

Wenceslao and Loretta were staying in the same boarding house, occupying different rooms.
One late evening, when everyone in the house was asleep, Wenceslao entered Loretta’s
room with the use of a picklock. Then, with force and violence, Wenceslao ravished Loretta.
After he had satisfied his lust, Wenceslao stabbed Loretta to death and, before leaving the
room, took her jewelry.

a. What crime or crimes, if any, did Wenceslao commit? Explain. (4%)

b. Discuss the applicability of the relevant aggravating circumstances of dwelling,


nocturnity and the use of the picklock to enter the room of the victim. (3%)

c. Would your answer to [a] be the same if, despite the serious stab wounds she
sustained, Loretta survived? Explain. (3%)

XVIII

At the Maligaya Disco Club, Leoncio and Evelyn were intimately dancing a very seductive
dance number. While gyrating with their bodies, Leoncio dipped his private parts in Evelyn’s
buttocks. Incensed, Evelyn protested, but Leoncio continued and tightly embraced her.

a. What crime or crimes, if any, did Leoncio commit? Explain. (3%)

b. Would your answer be the same if, even after the music had stopped, Leoncio
continued to dance dirty, rubbing his private parts on Evelyn’s buttocks? Explain. (3%)

XIX

Delmo learned that his enemy, Oscar, was confined at the Intensive Care Unit (ICU) of the
Philippine Medical Center. Intending to kill Oscar, Delmo disguised himself as a nurse,
entered the ICU, and saw a man lying on the hospital bed with several life-saving tubes
attached to the body. Delmo disconnected the tubes and left. Later, the resident physician
doing his rounds entered the ICU and, seeing the disconnected tubes, replaced them. The
patient survived. It turned out that the patient was Larry, as Oscar had been discharged from
the hospital earlier.

Delmo was charged with frustrated murder, qualified by evident premeditation and treachery
as aggravating circumstances. Discuss the propriety of the charge. (4%)

-NOTHING FOLLOWS-

CRIMINAL LAW

12 September 2010 2 P.M. – 5 P.M.

INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with eleven (11) questions (numbered I to XI),
contained in five (5) pages; and Part II with twelve (12) questions (numbered XII to XXIII),
contained in six (6) pages, for a total number of eleven (11) pages.

Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.

Begin your answer to each numbered question on a separate page; an answer to a sub-
question/s under the same number may be written continuously on the same page and
succeeding pages until completed.

Answer the questions directly and concisely. Do not repeat the question. Write legibly.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!

_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE
PLEASE CHECK THAT THIS SET CONTAINS ELEVEN (11) PAGES (INCLUDING THIS
PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CRIMINAL LAW

PART I

An agonizing and protracted trial having come to a close, the judge found A guilty beyond
reasonable doubt of homicide and imposed on him a straight penalty of SIX (6) YEARS and
ONE (1) DAY of prision mayor.

The public prosecutor objected to the sentence on the ground that the proper penalty should
have been TWELVE (12) YEARS and ONE (1) DAY of reclusion temporal.

The defense counsel chimed in, contending that application of the Indeterminate Sentence
Law should lead to the imposition of a straight penalty of SIX (6) MONTHS and ONE (1) DAY
of prision correccional only. Who of the three is on the right track? Explain. (3%)

II

a. What is the crime of qualified bribery? (2%)

b. May a judge be charged and prosecuted for such felony? How about a public
prosecutor? A police officer? Explain. (5%)

III

May a public officer charged under Section 3(b) of Republic Act No. 3019 ["directly or
indirectly requesting or receiving any gift, present, share, percentage or benefit, for himself or
for any other person, in connection with any contract or transaction between the government
and any other party, wherein the public officer in his official capacity has to intervene under
the law"] also be simultaneously or successively charged with direct bribery under Article 210
of the Revised Penal Code? Explain. (4%)
IV

Because of the barbarity and hideousness of the acts committed by the suspects/respondents
in cutting off their victims’ appendages, stuffing their torsos, legs, body parts into oil drums
and bullet-riddled vehicles and later on burying these oil drums, vehicles with the use of
backhoes and other earth-moving machinery, the Commission on Human Rights (CHR)
investigating team recommended to the panel of public prosecutors that all respondents be
charged with violation of the "Heinous Crimes Law." The prosecution panel agreed with the
CHR. As the Chief Prosecutor tasked with approving the filing of the Information, how will you
pass upon the recommendation? Explain. (5%)

Arlene is engaged in the buy and sell of used garments, more popularly known as "ukay-
ukay." Among the items found by the police in a raid of her store in Baguio City were brand-
new Louie Feraud blazers.

Arlene was charged with "fencing." Will the charge prosper? Why or why not? (5%)

VI

There being probable cause to believe that certain deposits and investments in a bank are
related to an unlawful activity of smuggling by Alessandro as defined under Republic Act (RA)
No. 9160, as amended (Anti-Money Laundering Act) an application for an order to allow
inquiry into his deposit was filed with the Regional Trial Court.

After hearing the application, the court granted the application and issued a freeze order.

Pass upon the correctness of the court’s order. Explain. (3%)

VII

A widower of ten years, septuagenarian Canuto felt that he had license to engage in
voyeurism. If not peeping into his neighbors’ rooms through his powerful single-cylinder
telescope, he would trail young, shapely damsels along the hallways of shopping malls. While
going up the escalator, he stayed a step behind a mini-skirted one, and in a moment of
excitement, put his hand on her left hip and massaged it. The damsel screamed and hollered
for help. Canuto was apprehended and brought up on inquest. What charge/s, if any, may he
be held responsible for? Explain. (5%)
VIII

A asked financial support from her showbiz friend B who accommodated her by issuing in her
favor a postdated check in the sum of P90,000.00. Both of them knew that the check would
not be honored because B’s account had just been closed. The two then approached trader C
whom they asked to change the check with cash, even agreeing that the exchange be
discounted at P85,000.00 with the assurance that the check shall be funded upon maturity.
Upon C’s presentment of the check for payment on due date, it was dishonored because the
account had already been closed.

What action/s may C commence against A and B to hold them to account for the loss of her
P85,000.00? Explain. (5%)

IX

Proserfina, an assistant public high school principal, acted to facilitate the release of salary
differentials and election duty per diem of classroom teachers with the agreement that they
would reimburse her for her expenses.

Did Proserfina commit a crime? Explain. (5%)

A, B and C are members of SFC Fraternity. While eating in a seaside restaurant, they were
attacked by X, Y and Z, members of a rival fraternity. A rumble ensued in which the
abovenamed members of the two fraternities assaulted each other in a confused and
tumultuous manner resulting in the death of A. As it cannot be ascertained who actually killed
A, the members of the two fraternities who took part in the rumble were charged for death
caused in a tumultuous affray. Will the charge prosper? Explain. (4%)

XI

Angelina maintains a website where visitors can give their comments on the posted pictures of
the goods she sells in her exclusive boutique. Bettina posted a comment that the
red Birkin bag shown in Angelina’s website is fake and that Angelina is known to sell
counterfeit items.

Angelina wants to file a case against Bettina. She seeks your advice. What advice will you
give her? (4%)
PART II

XII

a. Define Money Laundering. What are the three (3) stages in money laundering? (3%)

b. What is the doctrine of pro reo? How does it relate to Article 48 of the Revised Penal
Code? (3%)

XIII

While his wife was on a 2-year scholarship abroad, Romeo was having an affair with his maid
Dulcinea. Realizing that the affair was going nowhere, Dulcinea told Romeo that she was
going back to the province to marry her childhood sweetheart. Clouded by anger and jealousy,
Romeo strangled Dulcinea to death while she was sleeping in the maid’s quarters.

The following day, Romeo was found catatonic inside the maid’s quarters. He was brought to
the National Center for Mental Health (NCMH) where he was diagnosed to be mentally
unstable.

Charged with murder, Romeo pleaded insanity as a defense.

a. Will Romeo’s defense prosper? Explain. (2%)

b. What is the effect of the diagnosis of the NCMH on the case? (2%)

XIV

Paul lives with his long-time girlfriend Joan in a ondominium in Makati. For more than a year,
he has been secretly saving money in an envelope under their bed to buy her an engagement
ring. One day, while Joan was cleaning their room, she found the envelope, took the money,
and left Paul. As prosecutor, what crime, if any, would you charge Joan? Explain. (3%)

XV

Suspecting that her husband of twenty years was having an affair, Leilanie hired a private
investigator to spy on him. After two weeks, the private investigator showed Leilanie a video of
her husband having sexual intercourse with another woman in a room of a five-star hotel.
Based on what she saw on the video, Leilanie accused her husband of concubinage.

Will the case of concubinage prosper? Explain. (3%)


XVI

The president, treasurer, and secretary of ABC Corporation were charged with syndicated
estafa under the following Information:

That on or about the 1st week of January 2010 or subsequent thereto in Cebu City and within
the jurisdiction of this Honorable Court, the above-named accused, conspiring and
confederating together and all of them mutually helping and aiding one another in a
syndicated manner, through a corporation registered with the Securities and Exchange
Commission (SEC), with intention of carrying out the unlawful or illegal act, transaction,
enterprise or scheme, with intent to gain and by means of fraud and deceit, did then and there
wilfully, unlawfully, and feloniously defraud Virna, Lana, Deborah and several other persons
by falsely or fraudulently pretending or representing in a transaction or series of transactions,
which they made with complainants and the public in general, to the effect that they were in a
legitimate business of foreign exchange trading successively or simultaneously operating
under the name and style of ABC Corporation and DEF Management Philippines,
Incorporated, induced and succeeded in inducing complainants and several other persons to
give and deliver to said accused the amount of at least P20,000,000.00 on the strength of said
manifestations and representations, the accused knowing fully well that the abovenamed
corporations registered with the SEC are not licensed nor authorized to engage in foreign
exchange trading and that such manifestations and representations to transact in foreign
exchange were false and fraudulent, that these resulted to the damage and prejudice of the
complainants and other persons, and that the defraudation pertains to funds solicited from the
public in general by such corporations/associations.

Will the case for syndicated estafa prosper? Explain. (5%)

XVII

A killed his wife and buried her in their backyard. He immediately went into hiding in the
mountains.

Three years later, the bones of A’s wife were discovered by X, the gardener. Since X had a
standing warrant of arrest, he hid the bones in an old clay jar and kept quiet about it. After two
years, Z, the caretaker, found the bones and reported the matter to the police.
After 15 years of hiding, A left the country but returned three years later to take care of his
ailing sibling. Six years thereafter, he< was charged with parricide but raised the defense of
prescription.

a. Under the Revised Penal Code, when does the period of prescription of a crime
commence to run? (1%)

b. When is it interrupted? (1%)

c. Is A’s defense tenable? Explain. (3%)

XVIII

On her way home, Eva Marie saw an injured chow chow puppy behind a bush. Since the
puppy did not have a collar, she brought it home so she could have it as a pet. Her son in fact
begged Eva Marie to keep the puppy. The following day, Eva Marie bought a collar for the
puppy and brought it to a veterinarian for treatment.

a. Did Eva Marie incur criminal liability in bringing the puppy home as a pet? Explain.
(2%)

b. Did she incur civil liability? Explain. (2%)

XIX

Jack and Jill have been married for seven years. One night, Jack came home drunk. Finding
no food on the table, Jack started hitting Jill only to apologize the following day.

A week later, the same episode occurred – Jack came home drunk and started hitting Jill.

Fearing for her life, Jill left and stayed with her sister. To woo Jill back, Jack sent her floral
arrangements of spotted lilies and confectioneries. Two days later, Jill returned home and
decided to give Jack another chance. After several days, however, Jack again came home
drunk. The following day, he was found dead.

Jill was charged with parricide but raised the defense of "battered woman syndrome."

a. Define "Battered Woman Syndrome." (2%)

b. What are the three phases of the "Battered Woman Syndrome"? (3 %)


c. Would the defense prosper despite the absence of any of the elements for justifying
circumstances of self-defense under the Revised Penal Code? Explain. (2%)

XX

Matt was found guilty of drug trafficking while his younger brother Jeff was found guilty of
possession of equipment, instrument, apparatus and other paraphernalia for dangerous drugs
under Section 12 of Republic Act No. 9165.

Matt filed a petition for probation. Jeff appealed his conviction during the pendency of which
he also filed a petition for probation.

The brothers’ counsel argued that they being first time offenders, their petitions for probation
should be granted. How would you resolve the brothers’ petitions for probation? Explain. (3%)

XXI

Because peace negotiations on the Spratlys situation had failed, the People’s Republic of
China declared war against the Philippines. Myra, a Filipina who lives with her Italian
expatriate boyfriend, discovered e-mail correspondence between him and a certain General
Tung Kat Su of China.

On March 12, 2010, Myra discovered that on even date her boyfriend had sent an e-mail to
General Tung Kat Su, in which he agreed to provide vital information on the military defense
of the Philippines to the Chinese government in exchange for P1 million and his safe return to
Italy. Two weeks later, Myra decided to report the matter to the proper authorities.

Did Myra commit a crime? Explain. (3%)

XXII

Immediately after murdering Bob, Jake went to his mother to seek refuge. His mother told him
to hide in the maid’s quarters until she finds a better place for him to hide. After two days,
Jake transferred to his aunt’s house. A week later, Jake was apprehended by the police. Can
Jake’s mother and aunt be made criminally liable as accessories to the crime of murder?
Explain. (3 %)

XXIII
Christopher, John, Richard, and Luke are fraternity brothers. To protect themselves from rival
fraternities, they all carry guns wherever they go. One night, after attending a party, they
boarded a taxicab, held the driver at gunpoint and took the latter’s earnings.

a. What crime, if any, did the four commit? Enumerate the elements of the crime. (2%)

b. Would your answer be the same if they killed the driver? Explain. (2%)

NOTHING FOLLOWS.

Bar Examination Questionnaire for Criminal Law


Set A

(1) Isabel, a housemaid, broke into a pawnshop intent on stealing items of jewelry in it. She
found, however, that the jewelry were in a locked chest. Unable to open it, she took the chest
out of the shop. What crime did she commit?

(A) Robbery in an uninhabited place or in a private building

(B) Theft

(C) Robbery in an inhabited house or public building.

(D) Qualified theft

(2) The alternative circumstance of relationship shall NOT be considered between

(A) mother-in-law and daughter-in-law.

(B) adopted son and legitimate natural daughter.

(C) aunt and nephew.

(D) stepfather and stepson.

(3) Arthur, Ben, and Cesar quarreled with Glen while they were at the latter’s house. Enraged,
Arthur repeatedly stabbed Glen while Ben and Cesar pinned his arms. What aggravating
circumstance if any attended the killing of Glen?
(A) Evident premeditation.

(B) None.

(C) Abuse of superior strength.

(D) Treachery.

(4) The presence of a mitigating circumstance in a crime

(A) increases the penalty to its maximum period.

(B) changes the gravity of the offense.

(C) affects the imposable penalty, depending on other modifying circumstances.

(D) automatically reduces the penalty.

(5) He is an accomplice who

(A) agreed to serve as a lookout after his companions decided to murder the victim.

(B) watched quietly as the murderer stabbed his victim.

(C) helped the murderer find the victim who was hiding to avoid detection.

(D) provided no help, when he can, to save the victim from dying.

(6) Principles of public international law exempt certain individuals from the Generality
characteristic of criminal law. Who among the following are NOT exempt from the Generality
rule?

(A) Ministers Resident

(B) Commercial Attache of a foreign country

(C) Ambassador

(D) Chiefs of Mission

(7) As a modifying circumstance, insanity

(A) is in the nature of confession and avoidance.

(B) may be presumed from the offender’s previous behavior.


(C) may be mitigating if its presence becomes apparent subsequent to the commission of the
crime.

(D) exempts the offender from criminal liability whatever the circumstances.

(8) Zeno and Primo asked Bert to give them a sketch of the location of Andy’s house since they
wanted to kill him. Bert agreed and drew them the sketch. Zeno and Primo drove to the place
and killed Andy. What crime did Bert commit?

(A) Accomplice to murder, since his cooperation was minimal.

(B) Accessory to murder, since his map facilitated the escape of the two.

(C) None, since he took no step to take part in executing the crime.

(D) Principal to murder, since he acted in conspiracy with Zeno and Primo.

(9) A police officer surreptitiously placed a marijuana stick in a student’s pocket and then
arrested him for possession of marijuana cigarette. What crime can the police officer be
charged with?

(A) None, as it is a case of entrapment

(B) Unlawful arrest

(C) Incriminating an innocent person

(D) Complex crime of incriminating an innocent person with unlawful arrest

(10) The police officer in civilian clothes asked X where he can buy shabu. X responded by
asking the officer how much of the drug he needed. When he told him, X left, returned after a
few minutes with the shabu, gave it to the officer, and took his money. X is

(A) liable for selling since the police operation was a valid entrapment.

(B) not liable for selling since the police operation was an invalid entrapment.

(C) liable for selling since the police operation was a valid form of instigation.

(D) not liable since the police operation was an invalid instigation.

(11) Plaintiff X said in his civil complaint for damages that defendant Y, employing fraud,
convinced him to buy a defective vehicle. Y filed a criminal action for libel against X for
maliciously imputing fraud on him. Will the action prosper if it turns out that the civil complaint
for damages was baseless?

(A) No, since pleadings filed in court are absolutely privileged.

(B) No, since malice is not evident.

(C) Yes, given the fact that the imputation of fraud was baseless.

(D) Yes, parties must state the truth in their pleadings.

(12) The maxim "Nullum crimen nula poena sine lege" means that

(A) the act is criminal at the time of its commission and recognized as such at the time of its
commission but the penalty therefor is prescribed in a subsequently enacted law.

(B) the act is criminal and punished under and pursuant to common law.

(C) there is a crime for as long as the act is inherently evil.

(D) crime is a product of the law.

(13) X, a tabloid columnist, wrote an article describing Y, a public official, as stupid, corrupt,
and having amassed ill-gotten wealth. X relied on a source from Y's own office who fed him the
information. Did X commit libel?

(A) Yes, since the article was libelous and inconsistent with good faith and reasonable care.

(B) No, since X but made a fair commentary on a matter of public interest.

(C) No, since X’s article constitutes privileged communication.

(D) No, since he wrote his article under the freedom enjoyed by the press.

(14) The husband has for a long time physically and mentally tortured his wife. After one
episode of beating, the wife took the husband’s gun and shot him dead. Under the
circumstances, her act constitutes

(A) mitigating vindication of grave offense.

(B) battered woman syndrome, a complete self-defense.

(C) incomplete self-defense.


(D) mitigating passion and obfuscation.

(15) There is violation of Art. 316, RPC (Other forms of Swindling) where

(A) the owner of property sells a property and subsequently rescinds the sale.

(B) the real property subject of the sale does not exist.

(C) the property was mortgaged for a usurious contract of loan.

(D) the owner disposes of his encumbered real property as if it is free from encumbrances.

(16) X, a police officer, placed a hood on the head of W, a suspected drug pusher, and
watched as Y and Z, police trainees, beat up and tortured W to get his confession. X is liable
as

(A) as accomplice in violation of the Anti-Torture Act.

(B) a principal in violation of the Anti-Torture Act.

(C) a principal in violation of the Anti-Hazing Law.

(D) an accomplice in violation of the Anti-Hazing Law.

(17) Dr. Chow, a government doctor, failed to submit his Daily Time Record (DTR) from
January to March 2000 and did not get approval of his sick leave application for April because
of evidence that he was actually moonlighting elsewhere. Thus, the medical Director caused
the withholding of his salary for the periods in question until he submitted his DTRs in May
2000. Can Dr. Chow prosecute the medical director for causing him undue injury in violation of
the Anti-Graft and Corrupt Practices Act?

(A) Yes, since the medical Director acted with evident bad faith.

(B) No, since the medical director has full discretion in releasing the salary of government
doctors.

(C) Yes, since his salary was withheld without prior hearing.

(D) No, since Dr. Chow brought it upon himself, having failed to submit the required DTRs.

(18) When a penal law is absolutely repealed such that the offense is decriminalized, a pending
case charging the accused of the repealed crime is to be
(A) prosecuted still since the charge was valid when filed.

(B) dismissed without any precondition.

(C) dismissed provided the accused is not a habitual delinquent.

(D) prosecuted still since the offended party has a vested interest in the repealed law.

(19) In malversation of public funds, the offender’s return of the amount malversed has the
following effect

(A) It is exculpatory.

(B) It is inculpatory, an admission of the commission of the crime.

(C) The imposable penalty will depend on what was not returned.

(D) It is mitigating.

(20) The exchanges of highly offensive words between two quarrelling women in the presence
of a crowd of people constitute

(A) one count of grave slander against the woman who uttered the more insulting expressions.

(B) grave slander against the woman who started it and light slander against the other woman.

(C) two separate counts of light slander, one for each woman.

(D) two separate counts of grave slander, one against each of them.

(21) Any person who, having found lost property, shall fail to deliver the same to the local
authorities or to its owner is liable for

(A) occupation or usurpation of personal property.

(B) civil damages only.

(C) theft.

(D) other deceits.

(22) A crime resulting from negligence, reckless imprudence, lack of foresight or lack of skill is
called

(A) dolo.
(B) culpa.

(C) tortious crimes.

(D) quasi delict.

(23) To mitigate his liability for inflicting physical injury to another, an accused with a physical
defect must prove that such defect restricted his freedom of action and understanding. This
proof is not required where the physical defect consists of

(A) a severed right hand.

(B) complete blindness.

(C) being deaf mute and dumb.

(D) a severed leg.

(24) An extenuating circumstance, which has the same effect as a mitigating circumstance, is
exemplified by

(A) the mother killing her 2-day old child to conceal her dishonor.

(B) the accused committing theft out of extreme poverty.

(C) the accused raping his victim in extreme state of passion.

(D) the accused surrendering the weapon he used in his crime to the authorities.

(25) Three men gave Arnold fist blows and kicks causing him to fall. As they surrounded and
continued hitting him, he grabbed a knife he had in his pocket and stabbed one of the men
straight to the heart. What crime did Arnold commit?

(A) Homicide with incomplete self-defense, since he could have run from his aggressors.

(B) Homicide, since he knew that stabbing a person in the heart is fatal.

(C) Homicide mitigated by incomplete self-defense, since stabbing a person to the heart is
excessive.

(D) No crime, since he needed to repel the aggression, employing reasonable means for doing
so.
(26) A, B, and C agreed to rob a house of its cash. A and B entered the house while C
remained outside as lookout. After getting the cash, A and B decided to set the house on fire to
destroy any evidence of their presence. What crime or crimes did C commit?

(A) Robbery and arson since arson took place as an incident of the robbery.

(B) Robbery and arson since C took no step to stop the arson.

(C) Just for robbery since he only agreed to it and served as lookout.

(D) Accomplice to robbery since his role in the crime was minimal.

(27) X, a court employee, wrote the presiding judge a letter, imputing to Y, also a court
employee, the act of receiving an expensive gift from one of the parties in a pending case.
Because of this, Y accused X of libel. Does Y need to prove the element of malice in the case?

(A) No, since malice is self-evident in the letter.

(B) Yes, malice is not presumed since X wrote the letter to the presiding judge who has a duty
to act on what it states.

(C) No, since malice is presumed with respect to defamatory imputations.

(D) Yes, since malice is not presumed in libel.

(28) X killed B, mistakenly believing that she was his wife, upon surprising her having sex with
another man in a motel room. What is the criminal liability of X?

(A) None since he killed her under exceptional circumstances.

(B) None since he acted under a mistake of fact.

(C) Parricide.

(D) Homicide.

(29) X draws a check upon request of Y, the payee, who told X that he would merely show the
check to his creditor to gain more time to pay his account. The check bounced upon
presentation by the creditor. Under the circumstances, who can be prosecuted for estafa based
on the dishonored check?

(A) Y as the one who negotiated the check contrary to the agreement
(B) X as the drawer of the check

(C) Both X and Y based on conspiracy

(D) None

(30) Ana visited her daughter Belen who worked as Caloy’s housemaid. Caloy was not at home
but Debbie, a casual visitor in the house, verbally maligned Belen in Ana’s presence. Irked,
Ana assaulted Debbie. Under the circumstances, dwelling is NOT regarded as aggravating
because

(A) Dwelling did nothing to provoke Ana into assaulting Debbie.

(B) Caloy, the owner of the house, was not present.

(C) Debbie is not a dweller of the house.

(D) Belen, whom Debbie maligned, also dwells in the house.

(31) It is a matter of judicial knowledge that certain individuals will kill others or commit serious
offenses for no reason at all. For this reason,

(A) lack of motive can result in conviction where the crime and the accused's part in it are
shown.

(B) motive is material only where there is no evidence of criminal intent.

(C) lack of motive precludes conviction.

(D) the motive of an offender is absolutely immaterial.

(32) Minority is a privileged mitigating circumstance which operates to reduce the penalty by a
degree where the child is

(A) 15 years and below acting without discernment.

(B) above 15 years but below 18 acting without discernment.

(C) below 18 years acting with discernment.

(D) 18 years old at the time of the commission of the crime acting with discernment.
(33) The crime of robbery in an inhabited house or public building is mitigated when the
offenders

(A) entered the house using false keys.

(B) although armed did not fire their weapons.

(C) entered through a window without breaking it.

(D) although armed took property valued at only P200.

(34) A private person who assists the escape of a person who committed robbery shall be
liable

(A) as a principal to the crime of robbery.

(B) as an accessory to the crime of robbery.

(C) as a principal to the crime of obstruction of justice.

(D) as an accessory to the crime of obstruction of justice.

(35) Which among the following circumstances do NOT qualify the crime of kidnapping?

(A) The victim is killed as a consequence of the detention.

(B) The offender is a public officer.

(C) Ransom is demanded.

(D) The victim is raped.

(36) Removing, concealing or destroying documents to defraud another constitutes the crime of
estafa if committed by

(A) any public officer.

(B) a public officer officially entrusted with the document.

(C) private individuals who executed the same.

(D) private individuals.

(37) Dagami concealed Bugna’s body and the fact that he killed him by setting Bugna’s house
on fire. What crime or crimes did Dagami commit?
(A) Murder, the arson being absorbed already

(B) Separate crimes of murder and arson

(C) Arson, the homicide being absorbed already

(D) Arson with murder as a compound crime

(38) Sam wrote a letter to his friends stating that Judge Odon loves obscene magazines and
keeps these in his desk. Charged with libel, can Sam present proof that Judge Odon indeed
loves obscene magazines and keeps these in his desk?

(A) No, since the imputation is not related to the duties of a judge.

(B) No, since Sam does not impute a crime to Judge Odon.

(C) No, since Sam imputes the commission of a crime to Judge Odon.

(D) Yes, since truth can be a valid defense in libel.

(39) X, without intent to kill, aimed his gun at Z and fired it, hitting the latter who died as a
consequence. Under the circumstances

(A) X cannot plead praetor intentionem since the intent to kill is presumed from the killing of the
victim.

(B) X may plead praetor intentionem since he intended only to scare, not kill Z.

(C) X may plead aberratio ictus as he had no intention to hit Z.

(D) X may plead commission of only Discharge of Firearm as he had no intent to kill Z when he
fired his gun.

(40) Which of the following statements constitute Inciting to Sedition?

(A) Utterance of statements irritating or obnoxious to the ears of the police officers.

(B) Speeches extolling communism and urging the people to hold a national strike and
paralyze commerce and trade.

(C) Leaders of jeepney and bus associations shouting "Bukas tuloy ang welga hanggang sa
magkagulo na!"
(D) Speeches calling for resignation of high government officials.

(41) Culpa can either be a crime by itself or a mode of committing a crime. Culpa is a crime by
itself in

(A) reckless imprudence resulting in murder.

(B) medical malpractice.

(C) serious physical Injuries thru reckless imprudence.

(D) complex crime of reckless imprudence resulting in serious physical injuries.

(42) The mitigating circumstance of immediate vindication of a grave offense cannot be


appreciated in a case where

(A) Following the killing of his adopted brother, P went to the place where it happened and
killed S whom he found there.

(B) X kills Y who attempted to rape X’s wife.

(C) P severely maltreats S, a septuagenarian, prompting the latter to kill him.

(D) M killed R who slandered his wife.

(43) To save himself from crashing into an unlighted truck abandoned on the road, Jose
swerved his car to the right towards the graveled shoulder, killing two bystanders. Is he entitled
to the justifying circumstance of state of necessity?

(A) No, because the bystanders had nothing to do with the abandoned truck on the road.

(B) No, because the injury done is greater than the evil to be avoided.

(C) Yes, since the instinct of self-preservation takes priority in an emergency.

(D) Yes, since the bystanders should have kept off the shoulder of the road.

(44) The accused was shocked to discover his wife and their driver sleeping in the master’s
bedroom. Outraged, the accused got his gun and killed both. Can the accused claim that he
killed the two under exceptional circumstances?

(A) No, since the accused had time to reflect when he got his gun.
(B) No, since the accused did not catch them while having sexual intercourse.

(C) Yes, since the wife and their driver desecrated the marital bed.

(D) Yes, since the scene shows that they had an intimate relationship.

(45) The three accused forcibly took their victim from his car but the latter succeeded in freeing
himself from their grip. What crime did the three accused commit?

(A) forcible abduction.

(B) frustrated kidnapping.

(C) attempted kidnapping.

(D) grave coercion.

(46) Deeply enraged by his wife’s infidelity, the husband shot and killed her lover. The husband
subsequently surrendered to the police. How will the court appreciate the mitigating
circumstances of (i) passion or obfuscation, (ii) vindication of a grave offense, and (iii) voluntary
surrender that the husband invoked and proved?

(A) It will appreciate passion or obfuscation and voluntary surrender as one mitigating
circumstance and vindication of a grave offense as another.

(B) It will appreciate all three mitigating circumstances separately.

(C) It will appreciate the three mitigating circumstances only as one.

(D) It will appreciate passion or obfuscation and vindication of a grave offense as just one
mitigating circumstance and voluntary surrender as another.

(47) The aggravating circumstance of uninhabited place is aggravating in murder committed

(A) on a banca far out at sea.

(B) in a house located in cul de sac.

(C) in a dark alley in Tondo.

(D) in a partly occupied condominium building.


(48) The penalty of perpetual or temporary special disqualification for the exercise of the right
of suffrage does NOT deprive the offender of the right

(A) to be elected to a public office.

(B) to vote in any popular election for a public office.

(C) to vote in a plebiscite.

(D) to hold any public office.

(49) Without meaning anything, Z happened to stare into the eye of one of four men hanging
out by a store which he passed. Taking offense, the four mauled and robbed him of his wages.
Z went home, took a knife, and stabbed one of his attackers to death. Charged with murder, Z
may raise the mitigating circumstance of

(A) praeter intentionem.

(B) incomplete self-defense preceded by undue provocation.

(C) passion or obfuscation.

(D) complete self-defense.

(50) A public officer who immediately returns the bribe money handed over to him commits

(A) no crime.

(B) attempted bribery.

(C) consummated bribery.

(D) frustrated bribery.

(51) Direct bribery is a crime involving moral turpitude. From which of the following elements of
direct bribery can moral turpitude be inferred?

(A) The offender receives a gift by himself or through another.

(B) The offender is a public officer.

(C) The offender takes a gift with a view to committing a crime in exchange.
(D) The act which the offender agrees to perform or which he executes is connected with his
official duties.

(52) Insuperable cause is an exempting circumstance which may be applied to

(A) robbery.

(B) misprision of treason.

(C) homicide.

(D) rebellion.

(53) Which of the following crimes is an exception to the Territoriality Rule in Criminal law?

(A) Violation of the Trademark Law committed by an alien in the Philippines.

(B) Forgery of US bank notes committed in the Philippines.

(C) Crime committed by a Filipino in the disputed Spratly's Island.

(D) Plunder committed at his place of assignment abroad by a Philippine public officer.

(54) X, Y and Z agreed among themselves to attack and kill A, a police officer, but they left
their home-made guns in their vehicle before approaching him. What crime have they
committed?

(A) Conspiracy to commit indirect assault.

(B) Attempted direct assault.

(C) Conspiracy to commit direct assault.

(D) Illegal possession of firearms.

(55) On hearing a hospital ward patient on the next bed, shrieking in pain and begging to die,
Mona shut off the oxygen that was sustaining the patient, resulting in his death. What crime if
any did Mona commit?

(A) Homicide.

(B) Murder if she deliberated on her action.

(C) Giving Assistance to Suicide.


(D) Euthanasia.

(56) When committed outside the Philippine territory, our courts DO NOT have jurisdiction over
the crime of

(A) treason.

(B) piracy.

(C) espionage.

(D) rebellion.

(57) Motive is generally IMMATERIAL in determining criminal liability EXCEPT when

(A) several offenders committed the crime but the court wants to ascertain which of them acted
as leader.

(B) the evidence of the crime consists of both direct and circumstantial evidence.

(C) ascertaining the degree of penalty that may be imposed on the offender.

(D) the evidence of guilt of the accused is circumstantial.

(58) Which of the following circumstances of dishonor of a check can be a basis for prosecution
under the bouncing checks law?

(A) The check was returned unpaid with stamp "stop payment," although the drawer’s deposit
was sufficient.

(B) The check, drawn and issued in the Philippines, was dishonored by the drawee bank in a
foreign country.

(C) The check was presented to the bank for payment 6 months after the date of issue.

(D) The drawer of the dishonored check paid its value within 5 days from notice of dishonor.

(59) X and his step-father have a long-standing enmity. One day, irked by an argument with his
step-father, X smashed the windshield of his step-father’s brand new Audi sports car. X is liable
for

(A) malicious mischief.


(B) malicious mischief with the alternative mitigating circumstance of relationship.

(C) malicious mischief with the alternative aggravating circumstance of relationship.

(D) RIGHT ANSWER the civil damage he caused.

(60) The classification of felonies into grave, less grave, and light is important in ascertaining

(A) if certain crimes committed on the same occasion can be complexed.

(B) the correct penalty for crimes committed through reckless imprudence.

(C) whether the offender is liable as an accomplice.

(D) what stage of the felony has been reached.

(61) A child in conflict with the law shall enjoy all the rights of a child until

(A) he is found to have acted with discernment.

(B) his minority is setoff by some aggravating circumstance.

(C) he is proved to be 18 years or older.

(D) he forfeits such rights by gross misconduct and immorality.

(62) Mr. P owns a boarding house where he knowingly allowed children to be videotaped while
simulating explicit sexual activities. What is Mr. P's criminal liability, if any?

(A) Corruption of minors under the Penal Code

(B) Violation of the Child Pornography Act

(C) Violation of the Child Abuse Law

(D) None

(63) W allowed a man to have sex with her thinking that he was her husband. After realizing
that the man was not her husband, W stabbed him to death. Under the circumstances, the
mitigating circumstance in attendance constitutes

(A) defense of honor.

(B) immediate vindication of a grave offense.


(C) passion or obfuscation.

(D) self-defense.

(64) The prescriptive period for bigamy is 15 years counted from the date of the

(A) discovery of the second marriage by the offended spouse.

(B) registration of the second marriage in the Local Civil Registry.

(C) celebration or solemnization of the second marriage.

(D) discovery of the second marriage by the authorities.

(65) After properly waiving his Miranda rights, the offender led the police to where he buried the
gun he used in shooting the victim. How does this affect his liability?

(A) This serves as an analogous mitigating circumstance of voluntary surrender.

(B) It has no effect at all since the law provides none.

(C) He is considered to have confessed to murder.

(D) This serves as aggravating circumstance of concealment of weapon.

(66) A qualifying aggravating circumstance

(A) changes the description and the nature of the offense.

(B) increases the penalty to its next degree but absorbs all the other aggravating
circumstances.

(C) raises the penalty by two periods higher.

(D) is one which applies only in conjunction with another aggravating circumstance.

(67) X inflicted serious injuries on Y. Because of delay in providing medical treatment to Y, he


died. Is X criminally liable for the death of Y?

(A) Yes because the delay did not break the causal connection between X's felonious act and
the injuries sustained by Y.

(B) Yes because any intervening cause between the infliction of injury and death is immaterial.

(C) No because the infliction of injury was not the immediate cause of the death.
(D) No because the delay in the administration of the medical treatment was an intervening
cause.

(68) In an attempted felony, the offender’s preparatory act

(A) itself constitutes an offense.

(B) must seem connected to the intended crime.

(C) must not be connected to the intended crime.

(D) requires another act to result in a felony.

(69) X inflicted violent kicks on vital parts of E's body. E nevertheless was able to flee for fear
of his life. Refusing to undergo treatment for his injuries, E died 3 days later. Is X liable for E’s
death?

(A) No, since kicks on the body cannot cause death.

(B) No, since it took too long for death to occur.

(C) Yes, since E cannot be compelled to undergo medical treatment.

(D) Yes, since it was a natural result of the injuries X inflicted on E.

(70) 003-1137-0001 A criminal action for rape is extinguished when the offender is forgiven by

(A) RIGHT ANSWER the offender’s wife who herself is the rape victim.

(B) his wife for having raped another woman.

(C) the rape victim’s husband.

(D) the rape victim herself.

(71) A battered woman claiming self-defense under the Anti-Violence against Women and
Children must prove that the final acute battering episode was preceded by

(A) 3 battering episodes.

(B) 4 battering episodes.

(C) 5 battering episodes.

(D) 2 battering episodes.


(72) A special complex crime is a composite crime

(A) made up of 2 or more crimes defined in the Penal Code.

(B) with its own definition and special penalty provided by the Penal Code.

(C) with its own definition and special penalty provided by a special penal law.

(D) made up of 2 or more crimes defined in the Penal Code and special penal laws.

(73) What court has jurisdiction when an Indonesian crew murders the Filipino captain on
board a vessel of Russian registry while the vessel is anchored outside the breakwaters of the
Manila bay?

(A) The Indonesian court.

(B) The Russian court.

(C) The Philippine court.

(D) Any court that first asserts jurisdiction over the case.

(74) X, intending to kill Y, a store owner, fired at Y from the street, but the shot killed not only Y
but also Z who was in the store. As a case of aberratio ictus, it is punishable as a

(A) complex crime proper.

(B) special complex crime.

(C) continuing crime.

(D) compound crime.

(75) A proposal to commit a felony is punishable only when the law specifically provides a
penalty for it as in the case of proposal to commit

(A) rebellion.

(B) sedition.

(C) espionage.

(D) highway robbery.


2012 BAR EXAMINATIONS
CRIMINAL LAW

21 October 2012 2:00 P.M. - 3:30 P.M.

Set A

MULTIPLE CHOICE QUESTIONS (MCQs)


INSTRUCTIONS

The following questionnaire consists of seventy-five (75) MCQs numbered 1 up to 7 5


contained in TWENTY THREE (23) pages.

Answer each question on the MCQ Answer Sheet by shading completely the appropriate circle
corresponding to the letter you have chosen. (Read the Marking Instructions on the Answer
Sheet)

A void erasures on the Answer Sheet. I f you need to make corrections, erase completely the
answer you want to change.

Do not explain your answers in the MCQ portion of the exam. You will not earn any credit for
that.

Keep the Answer Sheet clean. Do not make unnecessary marks on it. Do not fold, roll, scratch,
crumple or tear it.

You may write on the questionnaire and use it as scratch paper but make sure to transfer your
answer to the Answer Sheet. Provide ample time to transfer the answers if you choose to do
this.

Answer first the MCQs completely before going to the essay-type questions.

HAND IN YOUR ANSWER SHEET. THERE IS NO NEED TO RETURN THIS


QUESTIONNAIRE TO THE HEAD WATCHER.

GOODLUCK!!!

_____________________________________
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee

PLEASE CHECK THAT THIS SET CONTAINS TWENTY FOUR (24) PAGES (INCLUDING
THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

CRIMINAL LAW

1. The wife of AAA predeceased his mother-in-law. AAA was accused of defrauding his
mother-in-law under a criminal information for estafa, but the actual recital of facts of
the offense charged therein, if proven, would constitute not only the crime of estafa, but
also falsification of public document as a necessary means for committing estafa. AAA
invokes the absolutory cause of relationship by affinity. Which statement is most
accurate?

a. The relationship by affinity created between AAA and the blood relatives of his
wife is dissolved by the death of his wife and the absolutory cause of
relationship by affinity is therefore no longer available to AAA.

b. The death of.spouse does not severe the relationship by affinity which is an
absolutory cause available to AAA for estafa through falsification of public
document.

c. If AAA commits in a public document the act of falsification as a necessary


means to commit estafa, the relationship by affinity still subsists as an
absolutory cause for estafa which should be considered separately from the
liability for falsification of public document because there is no specific penalty
prescribed for the complex crime of estafa through falsification of public
document.

d. Considering that under the given situation, the two (2) crimes of estafa and
falsification of public document are not separate crimes but component crimes
of the single complex crime of estafa and falsification of public document, the
absolutory cause of relationship by affinity is not available to AAA.
2. Under which of the following circumstances is an accused not liable for the result not
intended?

a. Accused is not criminally liable for the result not intended when there is mistake
in the identity of the victim.

b. Accused is not criminally liable for the result not intended when there is mistake
in the blow.

c. Accused is not criminally liable for the result not intended when the wrongful act
is not the proximate cause of the resulting injury.

d. Accused is not criminally liable for the result not intended when there is mistake
of fact constituting an involuntary act.

3. Can there be a frustrated impossible crime?

a. Yes. When the crime is not produced by reason of the inherent impossibility of
its accomplishment, it is a frustrated impossible crime.

b. No. There can be no frustrated impossible crime because the means employed
to accomplish the crime is inadequate or ineffectual.

c. Yes. There can be a frustrated impossible crime when the act performed would
be an offense against persons.

d. No. There can be no frustrated impossible because the offender has already
performed the acts for the execution of the crime.

4. FF and his two (2) sons positioned themselves outside the house of the victim. The two
(2} sons stood by the stairs in front of the house, while the father waited at the back.
The victim jumped out of the window and was met by FF who instantly hacked him. The
two (2) sons joined hacking the victim to death. They voluntarily surrendered to the
police. How will the attendant circumstances be properly appreciated?

a. Treachery and abuse of superior strength qualify the killing to murder.

b. Only treachery qualifies the killing to murder because abuse of superior strength
is absorbed by treachery.
c. Treachery is the qualifying aggravating circumstance, while abuse of superior
strength is treated as a generic aggravating circumstance.

d. The qualifying circumstance of treachery or abuse of superior strength can be


offset by the mitigating circumstance of voluntary surrender.

5. Which of the following circumstances may be taken into account for the purpose of
increasing the penalty to be imposed upon the convict?

a. Aggravating . circumstances which in themselves constitute a crime specially


punishable by law.

b. Aggravating circumstances which are inherent in the crime to such a degree that
they must of necessity accompany the crime.

c. Aggravating circumstances which arise from the moral attributes of the offender.

d. Aggravating circumstances which are included by the law in defining a crime.

6. Who among the following convicts are not entitled to the benefits of the lndetermediate
Sentence Law?

a. Those who are recidivists.

b. Those whose maximum term of imprisonment exceeds one (1) year.

c. Those convicted of inciting to sedition.

d. Those convicted of misprision of treason.

7. Proposal to commit felony is punishable only in cases in which the law specifically
provides a penalty therefor. Under which of the following instances. are proponents
NOT liable?

a. Proposal to commit coup d'etat.

b. Proposal to commit sedition.

c. Proposal to commit rebellion.

d. Proposal to commit treason.


8. AA misrepresented to the complainant that he had the power, influence, authority and
business to obtain overseas employment upon payment of placement fee. AA duly
collected the placement fee from complainant. As per certification of the Philippine
Overseas Employment Administration, AA did not possess any authority or license for
overseas employment. Is it proper to file two (2) separate Informations for illegal
recruitment under the Labor Code and for estafa by means of deceit?

a. No. The filing of two (2) separate Informations for illegal recruitment under the
Labor Code and for estafa by means of deceit for the same act is violative of the
principle against double jeopardy.

b. No. One Information for a complex crime of illegal recruitment with estafa by
means of deceit should be filed, instead of two (2) separate Informations.

c. No. A person convicted of illegal recruitment under the Labor Code may not, for
the same act, be separately convicted of estafa by means of deceit.

d. Yes. A person convicted of illegal recruitment under the Labor Code may, for the
same act, be separately convicted of estafa by means of deceit.

9. When are light felonies punishable?

a. Light felonies are punishable in all stages of execution.

b. Light felonies are punishable only when consummated.

c. Light felonies are punishable only when consummated, with the exception of
those committed against persons or property.

d. Light felonies are punishable only when committed against persons or property.

10. AA was appointed for a two-year term to serve the unexpired portion of a resigned
public official. Despite being disqualified after the lapse of the two-year term, PA
continued to exercise the duties and powers of the public office to which appointed.
What is the criminal liability of AA?

a. AA is criminally liable for malfeasance in office.

b. AA is criminally liable for prolonging performance of duties and powers.

c. AA is criminally liable for disobeying request for disqualification.


d. AA incurs no criminal liability because there is no indication that he caused
prejudice to anyone.

11. For treachery to qualify killing to murder, the evidence must show:

a. The time when the accused decided to employ treachery, the overt act
manifestly indicating that he clung to such determination, and a sufficient lapse
of time between the decision and the execution, allowing him to reflect upon the
consequence of his act.

b. Unlawful aggression, reasonable necessity of the means to prevent or repel the


aggression, and lack of sufficient provocation on the part of the victim.

c. That the accused employed such means, methods or manner to ensure his
safety from the defensive or retaliatory acts of the victim, and the mode of attack
was consciously adopted.

d. Actual sudden physical assault or threat to inflict real imminent injury to an


unsuspecting victim.

12. What is the criminal liability, if any, of a pregnant woman who tried to commit suicide by
poison, but she did not die and the fetus in her womb was expelled instead?

a. The woman who tried to commit suicide is not criminally liable because the
suicide intended was not consummated.

b. The woman who tried to commit suicide is criminally liable for unintentional
abortion which is punishable when caused by violence.

c. The woman who tried to commit suicide is criminally liable for abortion that
resulted due to the poison that she had taken to commit suicide.

d. The woman who tried to commit suicide occurs no criminal liability for the result
not intended.

13. Chris Brown was convicted of a complex crime of direct assault with homicide
aggravated by the commission of the crime in a place where public authorities are
engaged in the discharge of their duties. The penalty for homicide is reclusion temporal.
On the other hand, the penalty for direct assault is pns10n correccional in its medium
and maximum periods. What is the correct indeterminate penalty?

a. Twelve (12) years of prision mayor as minimum to twenty (20) years of reclusion
ten1poral as maximum.

b. Ten ( 1 0) years of prision mayor as minimum to seventeen (17) years and four
(4) months of reclusion temporal as maximum.

c. Eight (8) years of prision mayor as minimum to eighteen (18) years and four (4)
months of reclusion temporal as maximum.

d. Twelve (12) years of prision mayor as minimum to seventeen (17) years and
four (4) months of reclusion temporal as maximum.

14. A, 8, and C organized a meeting in which the audience was incited to the commission
of the crime of sedition. Some of the persons present at the meeting were carrying
unlicensed firearms. What crime, if any, was committed by A, 8 and C, as well as those
who were carrying unlicensed firearms and those who were merely present at the
meeting?

a. Inciting to sedition for A, 8 and C and illegal possession of firearms for those
carrying unlicensed firearms.

b. Inciting to sedition for A, 8 and C and those carrying unlicensed firearms.

c. Illegal assembly for A, 8, C and all those present at the meeting.

d. Conspiracy to commit sedition for A, B, C and those present at the meeting.

15. Is the crime of theft committed by a person who, with intent to gain, takes a worthless
check belonging to another without the latter's consent?

a. Yes. All the elements of the crime of theft are present: that there be taking of
personal property; that the property belongs to another; and that the taking be
done with intent to gain and without the consent of the owner.

b. No. The taking of the worthless check, which has no value, would not amount to
the crime of theft because of the legal impossibility to commit the intended
crime.
c. Yes. Theft is committed even if the worthless check would be subsequently
dishonored because the taker had intent to gain from the check at the time of
the taking.

d. Yes. Theft is committed because the factual impossibility to gain from the check
was not known to the taker or beyond his control at the time of taking.

16. B was convicted by final judgment of theft. While serving sentence for such offense, B
was found in possession of an unlicensed firearm. Is B a quasi-recidivist?

a. B is a quasi-recidivist because he was serving sentence when found in


possession of an unlicensed firearm.

b. B is not a quasi-recidivist because the offense for which he was serving


sentence is different from the second offense.

c. B is not a quasi-recidivist because the second offense is not a felony.

d. B is not a quasi-recidivist because the second offense was committed while still
serving for the first offense.

17. What crime is committed by one who defrauds another by taking undue advantage of
the signature of the offended party in a blank check and by writing the payee and
amount of the check to the prejudice of the offended party?

a. estafa with unfaithfulness or abuse of confidence;

b. estafa by false pretense;

c. estafa through fraudulent means;

d. estafa by other deceits.

18. What crime is committed by a person who kills a three-day old baby?

a. infanticide;

b. homicide;

c. murder;

d. parricide.
19. What crime is committed by a person who kills his legitimate brother on the occasion of
a public calamity?

a. parricide;

b. homicide;

c. murder;

d. death caused in a tumultuous affray.

20. What is the crime committed by any person who, without reasonable ground, arrests or
detains another for the purpose of delivering him to the proper authorities?

a. unlawful arrest;

b. illegal detention;

c. arbitrary detention;

d. grave coercion.

21. A killed M. After the killing, A went to the Barangay Chairman of the place of incident to
seek protection against the retaliation of M's relatives. May voluntary surrender be
appreciated as a mitigating circumstance in favor of A?

a. Yes. A surrendered to the Barangay Chairman who is a person in authority.

b. Yes. The surrender of A would save the authorities the trouble and expense for
his arrest.

c. No. A did not unconditionally submit himself to the authorities in. order to
acknowledge his participation in the killing or to save the authorities the trouble
and expenses necessary for his search and capture.

d. No. The surrender to the Barangay Chairman is not a surrender to the proper
authorities.

22. Who among the following is liable for estafa?

a. The seller of a laptop computer who failed to inform the buyer that the laptop
had a defect.
b. The person who ran away with a cell phone which was handed to him upon his
pretense that he had to make an emergency call.

c. The person who assured he will pay interest on the amount but failed to do so
as promised.

d. The son who induced his father to buy from him a land which the son is no
longer the owner.

23. What is the nature of the circumstance which is involved in the imposition of the
maximum term of the indeterminate sentence?

a. qualifying circumstance;

b. aggravating circumstance;

c. modifying circumstance;

d. analogous circumstance.

24. A, B and C, all seventeen (17) years of age, waited for nighttime to avoid detection and
to facilitate the implementation of their plan to rob G. They entered the room of G
through a window. Upon instruction of A, G opened her vault while 8 was poking a knife
at her. Acting as lookout, C had already opened the main door of the house when the
helper was awakened by the pleading of G to A and B to just take the money from the
vault without harming her. When the helper shouted for help upon seeing G with A and
B inside the room, 8 stabbed G and ran towards the door, leaving the house with C. A
also left the house after taking the money of G from the vault. G was brought to the
hospital where she died as a result of the wound inflicted by B. Under the given facts,
are A, B and C exempt from criminal liability? If not, what is the proper charge against
them or any of them?

a. A, B and C, being under eighteen (18) years of age at the time of the
commission of the offense, are exempt from criminal liability and should be
merely subjected to intervention program for child in conflict with the law.

b. There being no indication of having acted with discernment, A, B and C are


exempt from criminal liability, subject to appropriate programs in consultation
with the person having custody over the child in conflict with the taw or the local
social welfare and development officer.

c. Considering the given facts which manifest discernment, A, B and C are not
exempt from criminal liability and should be charged with the complex crime of
robbery with homicide, subject to automatic suspension of sentence upon
finding of guilt.

d. Under the given facts, A, 8 and C are not exempt from criminal liability because
they conspired to commit robbery for which they should be collectively charged
as principals, and in addition, B should be separately charged with homicide for
the death of G, subject to diversion programs for children over 15 and under 18
who acted with discernment.

25. The guard was entrusted with the conveyance or custody of a detention prisoner who
escaped through his negligence. What is the criminal liability of the escaping prisoner?

a. The escaping prisoner does not incur criminal liability.

b. The escaping prisoner is liable for evasion through negligence.

c. The escaping prisoner is liable for conniving with or consenting to, evasion.

d. The escaping prisoner is liable for evasion of service of sentence.

26. What crime is committed when a person assumes the performance of duties and
powers of a public office or employment without first being sworn in?

a. anticipation of duties of a public office;

b. usurpation of authority;

c. prohibited transaction;

d. unlawful appointment.

27. What crime is committed by a public officer who, before the acceptance of his
resignation, shall abandon his office to the detriment of the public service in order to
evade the discharge of the duties of preventing, prosecuting or punishing the crime of
treason?
a. abandonment of office or position;

b. qualified abandonment of office;

c. misprision of treason;

d. negligence in the prosecution of offense.

28. The key element in a crime of parricide other than the fact of killing is the relationship of
the offender to the victim. Which one of the following circumstances constitutes
parricide?

a. Offender killing the illegitimate daughter of his legitimate son.

b. Offender killing his illegitimate grandson.

c. Offender killing his common-law wife.

d. Offender killing his illegitimate mother.

29. What is the minimum age of criminal responsibility?

a. a} fifteen (15) years old or under

b. nine (9) years old or under

c. above nine (9) years old and under fifteen (15) who acted with discernment

d. above fifteen ( 15) years old and under eighteen ( 18) who acted with
discernment

30. When the adoption of a child is effected under the Inter-Country Adoption Act for the
purpose of prostitution, what is the proper charge against the offender who is a public
officer in relation to the exploitative purpose?

a. acts that promote trafficking in persons;

b. trafficking in persons;

c. qualified trafficking in persons;

d. use of trafficked person.


31. What crime is committed when a mother kills the three-day old child of her husband
with their daughter?

a. parricide;

b. infanticide;

c. murder;

d. homicide.

32. When is a crime deemed to have been committed by a band?

a. When armed men, at least four (4) in number, take direct part in the execution of
the act constituting the crime.

b. When three (3) armed men act together in the commission of the crime.

c. When there are four ( 4) armed persons, one of whom is a principal by


inducement.

d. When there are four (4) malefactors, one of whom is armed.

33. The period of probation of the offender sentenced to a term of one ( 1) year shall not
exceed:

a. two (2) years;

b. six (6) years;

c. one (1) year;

d. three (3) years;

34. What is the criminal liability, if any, of a mayor who, without being authorized by law,
compels prostitutes residing in his city to go to, and live in, another place against their
will?

a. The mayor is criminally liable for violation of domicile.

b. The mayor is criminally liable for expulsion.

c. The mayor is criminally liable for grave coercion.


d. The mayor incurs no criminal liability because he merely wants to protect the
youth against the indecency of the prostitutes.

35. How is the crime of coup d'etat committed?

a. By rising publicly and taking arms against the Government for the purpose of
depriving the Chief Executive of any of his powers or prerogatives.

b. When a person holding public employment undertakes a swift attack,


accompanied by strategy or stealth, directed against public utilities or other
facilities needed for the exercise and continued possession of power for the
purpose of diminishing state power.

c. When persons rise publicly and tumultuously in order to prevent by force the
National Government from freely exercising its function.

d. When persons circulate scurrilous libels against the Government which tend to
instigate others to meet together or to stir up the people against the lawful
authorities.

36. What is the proper charge against public officers or employees who, being in
conspiracy with the rebels, failed to resist a rebellion by all means in their power, or
shall continue to discharge the duties of their offices under the control of the rebels, or
shall accept appointment to office under them?

a. disloyalty of public officers or employees;

b. rebellion;

c. conspiracy to commit rebellion;

d. dereliction of duty.

37. What is the proper charge against a person who, without taking arms or being in open
hostility against the Government, shall incite others to deprive Congress of its legislative
powers, by means of speeches or writings?

a. inciting to sedition;

b. inciting to rebellion or insurrection;


c. crime against legislative body;

d. unlawful use of means of publication or unlawful utterances.

38. What is the crime committed when a group of persons entered the municipal building
rising publicly and taking up arms in pursuance of the movement to prevent exercise of
governmental authority with respect to the residents of the municipality concerned for
the purpose of effecting changes in the manner of governance and removing such
locality under their control from allegiance to the laws of the Government?

a. sedition;

b. coup d'etat;

c. insurrection;

d. public disorder.

39. When is a disturbance of public order deemed to be tumultuous?

a. The disturbance shall be deemed tumultuous i f caused by more than three (3)
persons who are armed or provided with means of violence.

b. The disturbance shall be deemed tumultuous when a person causes a serious


disturbance in a public place or disturbs public performance, function or
gathering.

c. The disturbance shall be deemed tumultuous when more than three (3) persons
make any outcry tending to incite rebellion or sedition or shout subversive or
provocative words to obtain any of the objectives of rebellion or sedition.

d. The disturbance shall be deemed tumultuous when at least four (4) persons
participate in a free-for-all-fight assaulting each other in a confused and
tumultuous manner.

40. What is the criminal liability, if any, of a police officer who, while Congress was in
session, arrested a member thereof for committing a crime punishable by a penalty
higher than prision mayor?
a. The police officer is criminally liable for violation of parliamentary immunity
because a member of Congress is privileged from arrest while Congress is in
session.

b. The police officer is criminally liable for disturbance of proceedings because the
arrest was made while Congress was in session.

c. The police officer incurs no criminal liability because the member of Congress
has committed a crime punishable by a penalty higher than prision mayor.

d. The police officer is criminally liable for violation of parliamentary immunity


because parliamentary immunity guarantees a member of Congress complete
freedom of expression without fear of being arrested while in regular or special
session.

41. What is the proper charge against a group of four persons who, without public. uprising,
employ force to prevent the holding of any popular election?

a. sedition;

b. disturbance of public order;

c. grave coercion;

d. direct assault.

42. Which of the following circumstances may be appreciated as aggravating in the crime of
treason?

a. cruelty and ignominy;

b. evident premeditation;

c. superior strength;

d. treachery.

43. What is the crime committed by a public officer who discloses to the representative of a
foreign nation the contents of the articles, data or information of a confidential nature
relative to the defense of the Philippine archipelago which he has in his possession by
reason of the public office he holds?
a. espionage;

b. disloyalty;

c. treason;

d. violation of neutrality.

44. A foreigner residing in Hong Kong counterfeits a twenty-peso bill issued by the
Philippine Government. May the foreigner be prosecuted before a civil court in the
Philippines?

a. No. The provisions of the Revised Penal Code are enforceable only within the
Philippine Archipelago.

b. No. The Philippine Criminal Law is binding only on persons who reside or
sojourn in the Philippines.

c. No. Foreigners residing outside the jurisdiction of the Philippines are exempted
from the operation of the Philippine Criminal Law.

d. Yes. The provisions of the Revised Penal Code are enforceable · also outside
the jurisdiction of the Philippines against those who should forge or counterfeit
currency notes of the Philippines or obligations and securities issued by the
Government of the Philippines.

45. Can the crime of treason be committed only by a Filipino citizen?

a. Yes. The offender in the crime of treason is a Filipino citizen only because the
first element is that the offender owes allegiance to the Government of the
Philippines.

b. No. The offender in the crime of treason is either a Filipino citizen or a foreigner
married to a Filipino citizen, whether residing in the Philippines or elsewhere,
who adheres to the enemies of the Philippines, giving them aid or comfort.

c. No. The offender in the crime of treason is either a Filipino citizen or an alien
residing in the Philippines because while permanent allegiance is owed by the
alien to his own country, he owes a temporary allegiance to the Philippines
where he resides.
d. Yes. It is not possible for an alien, whether residing in the Philippines or
elsewhere, to commit the crime of treason because he owes allegiance to his
own country.

46. A jailer inflicted injury on the prisoner because of his personal grudge against the latter.
The injury caused illness of the prisoner for more than thirty (30) days. What is the
proper charge against the jailer?

a. The jailer should be charged with maltreatment of prisoner and serious physical
injuries.

b. The jailer should be charged with serious physical injuries only.

c. The jailer should be charged with complex crime of maltreatment of prisoner


with serious physical injuries.

d. The jailer should be charged with maltreatment of prisoner only.

47. AA was convicted of proposal to commit treason. Under Article 115 of the Revised
Penal Code, proposal to commit treason shall be punished by prision correccional and
a fine not exceeding P5,000.00. Is the Indeterminate Sentence Law applicable to AA?

a. Yes. The Indeterminate Sentence Law is applicable to AA because the


maximum of prision correccional exceeds one ( 1) year.

b. Yes. The Indeterminate Sentence Law is applicable to AA because there is no


showing that he is a habitual delinquent.

c. No. The Indeterminate Sentence Law is not applicable to AA considering the


penalty imposable for the offense of which he was convicted.

d. No. The Indeterminate Sentence Law is not applicable considering the offense
of which he was convicted.

48. What is the proper charge against a lawyer who reveals the secrets of his client learned
by him in his professional capacity?

a. The lawyer should be charged with revelation of secrets of private individual.

b. The lawyer should be charged with betrayal of trust.


c. The lawyer should be charged with unauthorized revelation of classified
materials.

d. The proper charge against the lawyer should be revealing secrets with abuse of
office.

49. AB was driving a van along a highway. Because of her recklessness, the van hit a car
which had already entered the intersection. As a result, CD who was driving the car
suffered physical injuries, while damage to his car amounted to P8,500.00. What is the
proper charge against AB?

a. AB should be charged with complex crime of reckless imprudence resulting in


damage to property with slight physical injuries.

b. AB should .be charged with reckless imprudence resulting in slight physical


injuries and reckless imprudence resulting in damage to property.

c. AB should be charged with complex crime of slight physical injuries with


damage to property.

d. AB should be charged with slight physical injuries and reckless imprudence


resulting in damage to property.

50. What crime is committed by one who, having received money, goods or any other
personal property in trust or on commission, or for administration, defrauds the offended
party by denying receipt of such money, goods or other property?

a. He commits violation of the Trust Receipt Law.

b. He commits estafa through fraudulent means.

c. He commits estafa by false pretenses.

d. He commits estafa with unfaithfulness or abuse of confidence.

51. What is the criminal liability, if any, of AAA who substitutes for a prisoner serving
sentence for homicide by taking his place in jail or penal establishment?

a. AAA is criminally liable for delivering prisoner from jail and for using fictitious
name.
b. AAA is criminally liable as an accessory of the crime of homicide by assisting in
the escape or concealment of the principal of the crime.

c. AAA is criminally liable for infidelity in the custody of prisoners.

d. AAA is criminally liable for misrepresentation or concealing his true name.

52. A child over fifteen (15) years of age acted with discernment in the commission of
murder. What is the duty of the court if he is already over eighteen (18) years of age at
the time of the determination of his guilt for the offense charged?

a. The court shall pronounce the judgment of conviction.

b. The court shall place the child under suspended sentence for a specified period
or until he reaches twenty-one (21) years of age.

c. The court shall discharge the child for disposition measures.

d. The court shall place the child on probation.

53. What is the criminal liability, if any, of a private person who enters the dwelling of
another against the latter's will and by means of violence or intimidation for the purpose
of preventing some harm to himself?

a. The private person is criminally liable for qualified trespass to dwelling.

b. The private person is criminally liable for simple trespass to dwelling.

c. The private person incurs no criminal liability.

d. The private person is criminally liable for light threats.

54. AAA was convicted of theft by a Manila Court and sentenced to a straight penalty of
one (1) year of prision correccional. After serving two (2) months of the sentence, he
was granted conditional pardon by the Chief Executive. One of the conditions of the
pardon was for him not to be found guilty of any crime punishable by the laws of the
country. He subsequently committed robbery in Pasay City. Can the Manila Court
require AAA to serve the unexpired portion of the original sentence?
a. Yes. The Manila Court has the authority to recommit AAA to serve the unexpired
portion of the original sentence in addition to the penalty for violation of
conditional pardon.

b. No. The penalty remitted by the conditional pardon is less than six (6) years.

c. Yes. The penalty for violation of conditional pardon is the unexpired portion of
the punishment in the original sentence.

d. No. AAA must first be found guilty of the subsequent offense before he can be
prosecuted for violation of conditional pardon.

55. What is the criminal liability of a person who knowingly and in any manner aids or
protects highway robbers/brigands by giving them information about the movement of
the police?

a. He is criminally liable as principal by indispensable cooperation in the


commission of highway robbery or brigandage.

b. He is criminally liable as an accessory of the principal offenders.

c. He is criminally liable as an accomplice of the principal offenders.

d. He is criminally liable as principal for aiding and abetting a band of brigands.

56. With intent to kill, GGG burned the house where F and D were staying. F and D died as
a consequence. What is the proper charge against GGG?

a. GGG should be charged with two (2) counts of murder.

b. GGG should be charged with arson.

c. GGG should be charged with complex crime of arson with double murder.

d. GGG should be charged with complex crime of double murder.

57. RR convinced WW to take a job in Taiwan, assuring her of a good salary and
entitlement to a yearly vacation. WW paid to RR the processing fee for passport and
visa, but no receipt was issued for the payment. WW was made to use the alien
certificate of registration of another person with a Chinese name and instructed on how
to use the Chinese name. The application of WW was rejected by the Taiwanese
authorities. Cases were filed against RR for illegal recruitment and estafa. The case of
illegal recruitment was dismissed. Is RR liable for estafa?

a. RR is liable for estafa with unfaithfulness or abuse of confidence.

b. RR is liable for estafa by means of false pretenses.

c. RR is not liable for estafa because WW participated in the illegal travel


documents.

d. RR can no longer be held liable for estafa because with the dismissal of the
case against him for illegal recruitment, double jeopardy has already set in.

58. A entered the house of B. Once inside the house of B, A took and seized personal
property by compulsion from B with the use of violence and force upon things, believing
himself to be the owner of the personal property so seized. What is the criminal liability
of A?

a. A is criminally liable for robbery with violence because he employed violence in


the taking of the personal property from B, robbery characterized by violence
being graver than ordinary robbery committed with force upon things.

b. A is criminally liable for robbery with force upon things in an inhabited house
because the act was committed in a house constituting the dwelling of one or
more persons.

c. A is criminally liable for grave coercion because the presumption of intent to


gain is rebutted.

d. A is criminally liable for qualified trespass to dwelling because he employed


violence.

59. What is the criminal liability, if any, of a physician who issues a false medical certificate
in connection with the practice of his profession?

a. The physician is criminally liable for falsification of medical certificate.

b. The physician is criminally liable if the false medical certificate is used in court.

c. The physician incurs no criminal liability if the false medical certificate is not
submitted to the court.
d. The physician incurs no criminal liability if the false medical certificate does not
cause prejudice or damage.

60. Under which of the following circumstances is probation not applicable?

a. Probation is not applicable when the accused is sentenced to serve a maximum


of six (6) years.

b. Probation is not applicable when the accused has been convicted by final
judgment of an offense punished by imprisonment of less than one (1) month
and/or fine of less than P200.00.

c. Probation is not applicable when accused is convicted of indirect assault.

d. Probation is not applicable when accused is convicted of indirect bribery.

61. What crime is committed by a person who, having found a ring, fails to deliver the same
to the owner or to the local authorities?

a. The finder commits theft.

b. The finder commits concealment.

c. The finder commits qualified theft.

d. The finder commits usurpation of property.

62. At a wake, there were people watching a game of dice. With treachery and use of
unlicensed firearms, AA fired successively several gunshots at their direction. During
the shooting, four (4) persons were killed and fourteen (14) others were injured and
brought to the hospital for the treatment of gunshot wounds. What should be the proper
charge against AA?

a. AA should be charged with multiple murder and attempted murder.

b. AA should be charged with four (4) counts of murder and fourteen (14) counts of
attempted murder.

c. AA should be charged with four (4) counts of murder, fourteen (14) counts of
serious physical injuries and illegal possession of firearms.
d. AA should be charged with complex crime of murder and attempted murder with
illegal possession of firearms.

63. A, B, C and D are members of the police department of a municipality. Conspiring with
one another, they arrested E, without reasonable ground, for the purpose of delivering
him to the proper authorities by imputing to E the crime of bribery. While E was being
investigated by A, B, C and D, one of them placed a marked five hundred peso bill,
together with the money taken from E, to make it appear that E, an employee of the
Office of the Local Civil Registrar, agreed to perform an act not constituting a crime in
connection with the performance of E's duties, which was to expedite the issuance of a
birth certificate. What is the crime committed by A, B, C and D?

a. A, 8, C and D committed incriminatory machination through unlawful arrest.

b. A, 8, C and D committed intriguing against honor with unlawful arrest.

c. A, 8, C and D committed slight illegal detention.

d. A, 8, C and D committed corruption of public official.

64. Felonies are classified according to manner or mode of execution into felonies
committed by means of deceit (dolo) and by means of fault (culpa). Which of the
following causes may not give rise to culpable felonies?

a. Imprudence;

b. Malice;

c. Negligence;

d. Lack of foresight.

65. Which of the following acts does not constitute estafa or other forms of swindling?

a. When a person mortgages a real property by pretending to be the owner


thereof.

b. When a person disposes of the real property knowing it to be encumbered.

c. When a person wrongfully takes real property from its lawful possessor to the
prejudice of the latter.
d. When a person mortgages real property while being a surety given in a civil
action without express authority from the court.

66. DD, intending to kill EE, peppered the latter's bedroom with bullets, but since the
intended victim was not home at that time, no harm came to him. What crime is
committed?

a. DD committed the crime of attempted murder.

b. DD committed the crime of attempted homicide.

c. DD committed the crime of impossible crime.

d. DD committed the crime of malicious mischief.

67. What crime is committed when a person ill-treats another by deed without causing any
injury?

a. The offender commits maltreatment.

b. The offender commits slander by deed.

c. The offender commits assault.

d. The offender commits coercion.

68. The baptism of A was solemnized by B, an ecclesiastical minister, in the absence of C,


one of the godparents. Upon request of the mother of A, B caused the inclusion of the
name of C in the baptismal certificate of A as one of the godparents and allowed a
proxy for C during the baptismal ceremony. What is the criminal liability, if any, of the
ecclesiastical minister?

a. The ecclesiastical minister is criminally liable for falsification of baptismal


certificate by causing it to appear that C participated in the baptismal ceremony
when he did not in fact so participate.

b. The ecclesiastical minister is not criminally liable because the insertion of the
name of C in the baptismal certificate will not affect the civil status of A.

c. The ecclesiastical minister is not criminally liable because he is not a public


officer, employee or notary.
d. The ecclesiastical minister is not criminally liable because he did not take
advantage of his official position nor cause damage to a third party.

69. Is the penalty for impossible crime applicable to one who attempts to commit a light
felony of impossible materialization?

a. No. The evil intent of the offender cannot be accomplished.

b. No. An attempt to commit light felony constitutes an employment of inadequate


or ineffectual means.

c. No. The penalty for consummated light felony is less than the penalty for
impossible crime.

d. No. In impossible crime, the act performed should not constitute a violation of
another offense.

70. What crime is committed by a public officer who, having control of public funds or
property by reason of the duties of his office and for which he is accountable, permits
any other person through abandonment to take such public funds or property?

a. The public officer commits malversation.

b. The public officer commits technical malversation.

c. The public officer commits the crime of failure of accountable or responsible


officer to render accounts.

d. The public officer commits the crime of failure to make delivery of public funds or
property.

71. AA knowingly and willfully induced BB to swear falsely. BB testified as told in a formal
hearing of an administrative case under circumstances rendering him guilty of perjury.
Is AA criminally liable?

a. AA is not criminally liable because his act constitutes subornation of perjury


which is not expressly penalized in the Revised Penal Code.

b. AA is not criminally liable because he was not the one who gave false testimony
in the administrative case.
c. AA is not criminally liable because the witness suborned testified in an
administrative case only.

d. AA is criminally liable for perjury as principal by inducement with BB as the


principal by direct participation.

72. What should be the proper charge against an offender who unlawfully took and carried
away a motor vehicle belonging to another without the latter's consent, killing the driver
in the process?

a. The proper charge against the offender should be murder with the use of motor
vehicle.

b. The proper charge against the offender should be qualified carnapping or


carnapping in an aggravated form.

c. The proper charge against the offender should be carnapping and homicide.

d. The proper charge against the offender should be robbery with homicide.

73. Conspiracy to commit felony is punishable only in cases in which the law specifically
provides a penalty therefor. Under which of the following instances are the conspirators
not liable?

a. Conspiracy to commit arson.

b. Conspiracy to commit terrorism.

c. Conspiracy to commit child pornography.

d. Conspiracy to commit trafficking in persons.

74. With intent to cause damage, AAA deliberately set fire upon the two-storey residential
house of his employer, mostly made of wooden materials. The blaze spread and gutted
down seven neighboring houses. On the occasion of the fire, six (6) persons sustained
burn injuries which were the direct cause of their death. What crime was committed by
AAA?

a. AAA committed the complex crime of arson with multiple homicide.

b. AAA committed arson and multiple homicide.


c. AAA committed simple arson.

d. AAA committed arson and multiple murder.

75. What crime is committed by a utility worker in government who destroys office files as
an act of revenge against his supervisor?

a. The utility worker commits infidelity in the custody of papers.

b. The utility worker commits malicious mischief.

c. The utility worker commits estafa by removing, concealing or destroying office


files.

d. The utility worker commits crime involving destruction.

- NOTHING FOLLOWS -

HAND IN YOUR ANSWER SHEET.

THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.

2012 BAR EXAMINATIONS


CRIMINAL LAW

21 October 2012 3:30 P.M.-5 P.M.

Set B

ESSAY – TYPE QUESTIONS


INSTRUCTIONS

The following questionnaire consists of ten (10) questions (numbered l to X) contained in


THREE (3) pages.

Begin your answer to each numbered question on a separate page; an answer to a sub-
question/s under the same number n1ay be written continuously on the san1e page and
succeeding pages until completed.

Answer the question directly and concisely. Do not repeat the question. Write legibly.
HAND IN YOUR NOTEBOOK. THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO
THE HEAD WATCHER.

GOODLUCK!!!

_____________________________________
MARTIN S. VILLARAMA, JR.
Chairperson
2012 Bar Examinations Committee

PLEASE CHECK THAT THIS SET CONTAINS FOUR (4) PAGES (INCLUDING THIS PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

TAXATION LAW

a. What are the elements of the crime of bigamy? (5%)

b. If you were the judge in a bigamy case where the defense was able to prove that the
first marriage was null and void or a nullity, would you render a judgment of conviction
or acquittal? Explain your answer. (2%)

Assuming the existence of the first marriage when accused contracted the second marriage
and the subsequent judicial declaration of nullity of the second marriage on the ground of
psychological incapacity, would you render a judgment of conviction or acquittal? Explain your
answer. (3%)

II

a. What is a privileged mitigating circumstance? (5%)

b. Distinguish a privileged mitigating circumstance from an ordinary mitigating


circumstance as to reduction of penalty and offsetting against aggravating
circumstance/s. (5%)

III
a. Is the crime of theft susceptible of commission in the frustrated stage? Explain your
answer in relation to what produces the crime of theft in its consummated stage and by
way of illustration of the subjective and objective phases of the felony. (5%)

b. What are the constitutional provisions limiting the power of Congress to enact penal
laws? (5%)

IV

A postal van containing mail matters, including checks and treasury warrants, was hijacked
along a national highway by ten (1 0) men, two (2) of whom were armed. They used force,
violence and intimidation against three (3) postal employees who were occupants of the van,
resulting in the unlawful taking and asportation of the entire van and its contents.

a. If you were the public prosecutor, would you charge the ten (10) men who hijacked the
postal van with violation of Presidential Decree No. 532, otherwise known as the Anti-
Piracy and Anti -Highway Robbery Law of 1974? Explain your answer. (5%)

b. If you were the defense counsel, what are the elements of the crime of highway robbery
that the prosecution should prove to sustain a conviction? (5%)

a. Who is an accomplice? (5%)

b. Distinguish an accomplice from a conspirator as to their knowledge of the criminal


design of the principal, their participation, the penalty to be imposed in relation to the
penalty for the principal, and the requisites/elements to be established by the
prosecution in order to hold them criminally responsible for their respective roles in the
commission of the crime. (5%)

VI

a. What is the fundamental principle in applying and interpreting criminal laws, including
the Indeterminate Sentence Law? (5%)

b. How is the Indeterminate Sentence Law applied in imposing a sentence? (5%)

VII

a. Who are brigands? (5%)


b. Distinguish brigandage from robbery in band as to elements, purpose of the of fender
and agreement among the offenders. (5%)

VIII

a. Who is a habitual delinquent? (5%)

b. Distinguish habitual delinquency from recidivism as to the crimes committed, the period
of time the crimes are committed, the number of crimes committed and their effects in
relation to the penalty to be imposed on a convict. (5%)

IX

a. Define conspiracy. (5%)

b. Distinguish by way of illustration conspiracy as a felony from conspiracy as a manner of


incurring liability in relation to the crimes of rebellion and murder. (5%)

a. Explain and illustrate the stages of execution of the crime of homicide, taking into
account the nature of the offense, the essential element of each of the stages of
execution and the manner of committing such international felony as distinguished from
felony committed through reckless imprudence. (5%)

b. AA was arrested for committing a bailable offense and detained in solitary confinement.
He was able to post bail after two (2) weeks of defection. During the period of detention,
he was not given any food. Such deprivation caused him physically discomfort. What
crime, if any, was committed in connection with the solitary confinement and food
deprivation of AA? Explain your answer. (5%)

- NOTHING FOLLOWS -

HAND IN YOUR NOTEBOOK.

THERE IS NO NEED TO RETURN THIS QUESTIONNAIRE TO THE HEAD WATCHER.

BAR EXAMINATION 2013


CRIMINAL LAW
October 20, 20132:00 P.M - 6:00 P.M.

INSTRUCTIONS

1. This Questionnaire contains FIFTEEN (15) pages including these Instructions pages. Check
the number of pages and the page numbers at the upper right hand corner of each page of this
Questionnaire and make sure it has the correct number of pages and their proper numbers.

There are ELEVEN (11) Essay Questions numbered I to XI, and TWENTY FIVE (25) Multiple
Choice Questions (MCQs) numbered I to XXV, to be answered within four (4) hours.

The essay portion contains questions that are worth 80o/o of the whole examination while the
MCQ portion contains questions worth 20%.

2. Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only at the front, not
the back, page of every sheet in your Notebook. Note well the allocated percentage points for
each number, question, or sub-question. In your answers, use the numbering system in the
questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use
the back pages of every sheet of your Examination Notebook, starting at the back page of the
first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a separate
page. An answer to a sub-question under the same number may be written continuously on the
same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question, to
select the material from the immaterial facts, and to discern the points upon which the question
turns. It should show your knowledge and understanding of the pertinent principles and
theories of law involved and their qualifications and limitations. It should demonstrate your
ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a
sound conclusion from the given premises.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the question does
not expressly ask for an explanation.At the same time, remember that a complete explanation
does not require that you volunteer information or discuss legal doctrines that are not
necessary or pertinent to the solution to the problem. You do not need to re-write or repeat the
question in your Notebook.

4. MCQs are to be answered by writing in your Notebook the capital letter (A, B, C, D, or E)
corresponding to your chosen answer. The MCQ answers should begin in the page following
the last page of your essay answers.

There is only one correct answer to every MCQ; choose the BEST answer from among the
offered choices. Note that some MCQs may need careful analysis both of the questions and
the choices offered.

5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on
your Notebook that can serve as an identifying mark/s (such as names that are not in the given
questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is
considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

J. ARTURO D. BRION
Chairman
2013 Bar Examinations

ESSAY QUESTIONS

I.

Bruno was charged with homicide for killing the 75-year old owner of his rooming house. The
prosecution proved that Bruno stabbed the owner causing his death; and that the killing
happened at 10 in the evening in the house where the victim and Bruno lived. Bruno, on the
other hand, successfully proved that he voluntarily surrendered to the authorities; that he
pleaded guilty to the crime charged; that it was the victim who first attacked and did so without
any provocation on his (Bruno's) part, but he prevailed because he managed to draw his knife
with which he stabbed the victim. The penalty for homicide is reclusion temporal.
Assuming a judgment of conviction and after considering the attendant circumstances, what
penalty should the judge impose? (7%)

II.

While walking alone on her way home from a party, Mildred was seized at gun point by Felipe
and taken on board a tricycle to a house some distance away. Felipe was with Julio, Roldan,
and Lucio, who drove the tricycle.

At the house, Felipe, Julio, and Roldan succeeded in having sexual intercourse with Mildred
against her will and under the threat of Felipe's gun. Lucio was not around when the sexual
assaults took place as he left after bringing his colleagues and Mildred to their destination, but
he returned everyday to bring food and the news in town about Mildred's disappearance. For
five days, Felipe, Julio and Roldan kept Mildred in the house and took turns in sexually
assaulting her. On the 6th day, Mildred managed to escape; she proceeded immediately to the
nearest police station and narrated her ordeal.

What crime/s did Felipe, Julio, Roldan, and Lucio commit and what was their degree of
participation? (7%)

III.

Modesto and Abelardo are brothers. Sometime in August, 1998 while Abelardo was in his
office, Modesto, together with two other men in police uniform, came with two heavy bags.
Modesto asked Abelardo to keep the two bags in his vault until he comes back to get them.
When Abelardo later examined the two bags, he saw bundles of money that, in his rough
count, could not be less than P5 Million. He kept the money inside the vault and soon he heard
the news that a gang that included Modesto had been engaged in bank robberies. Abelardo,
unsure of what to do under the circumstances, kept quiet about the two bags in his vault. Soon
after, the police captured, and secured a confession from, Modesto who admitted that their loot
had been deposited with Abelardo.

What is Abelardo's liability? (7%)

IV.

In her weekly gossip column in a tabloid, Gigi wrote an unflattering article about Pablo, a
famous singer, and his bitter separation from his wife. The article portrayed Pablo as an
abusive husband and caused him to lose lucrative endorsement contracts. Pablo charged Gigi
with libel. In her defense, Gigi countered that she did not commit libel because Pablo has
attained the status of a public figure so that even his personal life has become a legitimate
subject of public interest and comment.

Is Gigi correct? (7%)

V.

Michael was 17 years old when he was charged for violation of Sec. 5 of R.A. 9165 (illegal sale
of prohibited drug). By the time he was convicted and sentenced, he was already 21 years old.
The court sentenced him to suffer an indeterminate penalty of imprisonment of six (6) years
and one (1) day of prision mayor, as minimum, to seventeen (17) years and four(4) months of
reclusion temporal, as maximum, and a fine of P500,000.Michael applied for probation but his
application was denied because the probation law does not apply to drug offenders under R.A.
9165. Michael then sought the suspension of his sentence under R.A. 9344 or the Juvenile
Justice and Youth Welfare Code.

Can Michael avail of the suspension of his sentence provided under this law? (7%)

VI.

Roberto bought a Toyota Fortuner from Iñigo for P500,000. While driving his newly-bought car,
Roberto met a minor accident that made the examination of his vehicle's Registration
Certificate necessary. When the policeman checked the plate, chassis and motor numbers of
the vehicle against those reflected in the Registration Certificate, he found the chassis and
motor numbers to be different from what the Registration Certificate stated. The Deed of Sale
covering the sale of the Fortuner, signed by Iñigo, also bore the same chassis and motor
numbers as Roberto's Registration Certificate. The chassis and motor numbers on the Fortuner
were found, upon verification with the Land Transportation Office, to correspond to a vehicle
previously reported as carnapped.

Roberto claimed that he was in good faith; Iñigo sold him a carnapped vehicle and he did not
know that he was buying a carnapped vehicle.

If you were the prosecutor, would you or would you not charge Roberto with a crime? (7%)

VII.
Miss Reyes, a lady professor, caught Mariano, one of her students, cheating during an
examination. Aside from calling Mariano's attention, she confiscated his examination booklet
and sent him out of the room, causing Mariano extreme embarrassment.

In class the following day, Mariano approached Miss Reyes and without any warning, slapped
her on the face. Mariano would have inflicted grave injuries on Miss Reyes had not Dencio,
another student, intervened. Mariano then turned his ire on Dencio and punched him
repeatedly, causing him injuries.

What crime or crimes, if any, did Mariano commit? (7%)

VIII.

William is the son-in-law of Mercedes who owns several pieces of real property. In 1994,
William's wife, Anita, died. In 1996, William caused the preparation of a Special Power of
Attorney (SPA) giving him the authority to sell two (2) parcels of land registered in the name of
Mercedes. The signature of Mercedes in the SPA was forged and, through this forged SPA and
without the consent and knowledge of Mercedes, William succeeded in selling the two (2)
parcels for Php 2,000,000. He pocketed the proceeds of the sale.

Mercedes eventually discovered William's misdeeds and filed a criminal complaint. William was
subsequently charged with estafa through falsification of public document.

Was the criminal charge proper? (7%)

IX.

Roman and Wendy are neighbors. On Valentine's Day, without prior notice, Roman visited
Wendy at her condo to invite her to dinner, but Wendy turned him down and abruptly left,
leaving her condo door unlocked. Roman attempted to follow, but appeared to have second
thoughts; he simply went back to Wendy's condo, let himself in, and waited for her return. On
Wendy's arrival later that evening, Roman grabbed her from behind and, with a knife in hand,
forced her to undress. Wendy had no choice but to comply. Roman then tied Wendy's hands to
her bed and sexually assaulted her five (5) times that night.

Roman was charged with, and was convicted of, five (5) counts of rape, but the judge did not
impose the penalty of reclusion perpetua for each count. Instead, the judge sentenced Roman
to 40 years of imprisonment on the basis of the three-fold rule.
Was the judge correct? (7%)

X.

Frank borrowed P1,000,000 from his brother Eric. To pay the loan, Frank issued a post-dated
check to be presented for payment a month after the transaction. Two days before maturity,
Frank called Eric telling him he had insufficient funds and requested that the deposit of the
check be deferred. Nevertheless, Eric deposited the check and it was dishonored. When Frank
failed to pay despite demand, Eric filed a complaint against him for violation of Batas
Pambansa Big. 22 (The Bouncing Checks Law).

Was the charge brought against Frank correct? (7%)

XI.

Assume that you are a member of the legal staff of Senator Salcedo who wants to file a bill
about imprisonment at the National Penitentiary in Muntinlupa. He wants to make the State
prison a revenue earner for the country through a law providing for premium accommodations
for prisoners (other than those under maximum security status) whose wives are allowed
conjugal weekend visits, and for those who want long-term premium accommodations.

For conjugal weekenders, he plans to rent out rooms with hotel-like amenities at rates
equivalent to those charged by 4-star hotels; for long-term occupants, he is prepared to offer
room and board with special meals in air conditioned single-occupancy rooms, at rates
equivalent to those charged by 3-star hotels.

What advice will you give the Senator from the point of view of criminal law, taking into account
the purpose of imprisonment (7%) and considerations of ethics and morality (3%)? (10% total
points)

MULTIPLE CHOICE QUESTIONS

I. The acquittal of an accused shall bar the civil action arising from the crime where the
judgment of acquittal holds that __________. (0.5%)

(A) the acquittal is based on reasonable doubt

(B) the liability of the accused is not criminal but civil in nature
(C) the civil liability does not arise from or is not based on the criminal act for which the
accused has been acquitted

(D) the accused did not commit the act imputed to him

II. Subsidiary liability may be imposed on the following, except __________. (0.5%)

(A) innkeepers, in relation to the crime committed in their establishment

(B) employers engaged in industry, for the crime committed by their employees

(C) parents of minors who act with discernment in committing crimes

(D) hospital administrators or owners, for crimes committed by their hospital nurses

III. Passion or obfuscation may be appreciated __________. (0.5%)

(A) if it arises from jealousy in an amorous relationship between a married man and a single
woman

(B) if it arises from jealousy of a man who has been living-in with the woman for the past 20
years

(C) if it arises from jealousy with immoral, lustful and vindictive sentiments of the offender
against the victim

(D) in none of the above situations

IV. Who among the following accused is entitled to a privileged mitigating circumstance that
would lower the imposable penalty by one degree? (0.5%)

(A) A minor above 15 years old and below 18 years old who acted with discernment.

(B) One who, in fulfillment of his duty to carry out the warrant of arrest of a fugitive, shot the
fugitive to death without ascertaining his identity.

(C) One who defended himself against an unlawful aggression but used unreasonable means
and gave provocation.

(D) All of the above.


V. Conspiracy to commit a felony is punishable only in cases where the law specifically
provides a penalty. Which of the following combinations contain specific felonies under the
Revised Penal Code? (0.5%)

(A) Conspiracy to commit treason, conspiracy to commit rebellion, conspiracy to commit coup
d'etat, conspiracy to commit misprision of treason.

(B) Conspiracy to commit rebellion, conspiracy to commit coup d'etat, conspiracy to commit
treason, conspiracy to commit sedition.

(C) Conspiracy to commit rebellion or insurrection, conspiracy to commit sedition, conspiracy to


commit illegal assemblies, conspiracy to commit treason.

(D) Conspiracy to commit treason, conspiracy to commit sedition, conspiracy to commit


terrorism.

(E) None of the above.

VI. Choose the correct circumstance when a woman may be held liable for rape: (0.5%)

(A) With the use of force or intimidation.

(B) When the rape is committed by two or more persons.

(C) When the offender uses an instrument and inserts it m the mouth of the victim.

(D) When she befriends and puts a sleeping pill in the victim's drink to enable her husband to
have intercourse with the victim.

VII. The death of the accused extinguishes his criminal liability but civil liability is not
extinguished. (0.5%)

(A) when the death of the accused occurred before conviction

(B) when the death of the accused occurred after conviction and after he has perfected his
appeal from conviction

(C) when the death of the accused occurred during the pendency of his appeal

(D) when the death of the accused occurred after final judgment

(E) None of the above.


VIII. Compelling the pilot of an aircraft of Philippine Registry to change its destination is
__________. (0.5%)

(A) grave coercion

(B) a violation of the Anti-Hijacking Law or R.A. No. 6235

(C) grave threats

(D) a violation of the Human Security Act of 2007 or the Anti-Terrorism Law

(E) All of the above.

IX. Choose from the list below the correct principle in considering "motive". (0.5%)

(A) If the evidence is merely circumstantial, proof of motive is essential.

(B) Generally, proof of motive is not necessary to pin a crime on the accused if the commission
of the crime has been proven and the evidence of identification is convincing.

(C) Motive is important to ascertain the truth between two antagonistic theories.

(D) Motive is relevant if the identity of the accused is uncertain.

(E) All of the above are correct.

X. Luis was sentenced to prision mayor and to pay a fine of P50,000, with subsidiary
imprisonment in case of in solvency. Is the sentence correct? (0.5%)

(A) Yes, because Luis has no property to pay for the fine, so he must suffer the equivalent
imprisonment provided by law in lieu of fine.

(B) No, because subsidiary imprisonment is applicable only when the penalty imposed is
prision correccional or below.

(C) Yes, because the sentence says so.

(D) No, because the subsidiary imprisonment is applicable only when the penalty imposed is
limited to a fine.

(E) None of the above.


XI. Anthony drew a promissory note and asked his tem1inally-ill and dying business partner
Ben to sign it. The promissory note bound Ben to pay Anthony One Million Pesos (P1,000,000)
plus 12% interest, on or before June 30, 2011.

If Ben died before the promissory note's due date and Anthony still collected P1,000,000 with
interest from Ben's estate, what crime/s did Anthony commit? (1%)

(A) Falsification of a public document.

(B) Falsification of a private document and estafa.

(C) Estafa.

(D) Estafa thru falsification of a private document.

(E) None of the above.

XII. Out of spite and simply intending to put Gina to shame for breaking off with him, Ritchie
emptied a gallon of motor oil on the school's stairway where Gina usually passed. Gina,
unaware of what Ritchie did, used the slippery stairway and slipped, hitting her head on the
stairs. Gina died from brain hemorrhage.

What crime did Ritchie commit? (1%)

(A) Murder.

(B) Reckless imprudence resulting in homicide.

(C) Homicide.

(D) Impossible crime of homicide.

(E) None.

XIII. Santos was sentenced to suffer imprisonment in three separate judgments: 6 months and
1 day to 4 years for attempted homicide; 6 yearsand1day to 8 years for frustrated homicide;
and 6 years and1day to20years for homicide. After his 20th year in the National Penitentiary,
Santos filed a petition for habeas corpus claiming that he had fully served his sentence of 20
years and should therefore be immediately released from imprisonment.

Was Santos correct? (1%)


(A) Yes, because he served his sentences simultaneously so that his 20 years of incarceration
was sufficient.

(B) No, because multiple sentences are served successively not simultaneously.

(C) No, only penalties other than imprisonment can be served simultaneously.

(D) Yes, because after he has served the minimum of his penalties, he can now be released.

XIV. Amelia, a famous actress, bought the penthouse unit of a posh condominium building in
Taguig City. Every night, Amelia would swim naked in the private, but open air, pool of her
penthouse unit. It must have been obvious to Amelia that she could be seen from nearby
buildings. In fact, some residents occupying the higher floors of the nearby residential buildings
did indeed entertain themselves and their friends by watching her swim in the nude from their
windows.

What crime did Amelia commit? (1%)

(A) Alarms and scandals because her act of sw1mmmg naked disturbs the public tranquility.

(B) Grave scandal because she committed highly scandalous acts that are offensive to
decency or good customs.

(C) Immoral doctrines, obscene publications and exhibitions, and indecent shows under Article
201 of the Revised Penal Code, because her act of swimming naked is akin to an indecent live
show.

(D) Amelia did not commit any crime because the swimming pool is located in her private
home.

XV. After drinking a bottle of Jack Daniels, Jonjon drove his BMW sports car at high speed,
rammed into a group of crossing pedestrians, and hit a traffic light post. The incident caused
the death of one (1) pedestrian, serious injuries to three (3) others, and the destruction of the
traffic light post.

If you were the prosecutor, what would you charge Jonjon? (1%)

(A) Homicide with serious physical injuries through simple negligence.

(B) Damage to property, serious physical injuries and homicide through reckless negligence.
(C) Simple negligence resulting in damage to property, serious physical injuries and homicide.

(D) Reckless imprudence resulting in homicide, serious physical injuries and damage to
property.

XVI. On June 1, 2011, Efren bought a used top-of-the-line Mercedes Benz for P7.5 Million from
Switik Trading. On the same day, he paid P2,500,000 in cash and issued Switik Trading a
check for P5,000,000 dated July 31, 2011. He then brought the car to a friend's house and hid
it in an underground garage. The check Efren issued was dishonored for insufficiency of funds
when presented for payment on due date. Efren was asked to honor and pay the check or to
return the car, but he refused.

What crime/s did Efren commit? (1%)

(A) Carnapping.

(B) Estafa and carnapping.

(C) A violation of BP Blg. 22.

(D) Estafa and a violation of BP Blg. 22.

(E) None of the above.

XVII. In his Answer to a complaint, Atty. Jose (counsel for the defendant) stated that Atty.
Agrada (counsel for the plaintiff) is "bobo, inutile, good for nothing, stupid, and a menace to
clients."

Can Atty. Jose be held criminally liable for libel? (1%)

(A) No, because an Answer to a complaint is a court pleading where communications made are
privileged; the writer cannot be held liable for libel.

(B) Yes, because the statement casts aspersion on the character, integrity and reputation of
Atty. Agrada as a lawyer and exposed him to public ridicule.

(C) Yes, although a court pleading is a privileged communication, malicious statements that are
irrelevant and impertinent to the issue in the pleading may be libelous.

(D) Yes, there was a malicious intent to ridicule Atty. Agrada as a lawyer.
(E) No, because the statement is in a pleading, but Atty. Jose can be charged administratively
for misconduct before the Supreme Court.

XVIII. Using his charms because of his movie star looks, Phil, in a movie date with Lyn, a 19-
year old colegiala, kissed her on the cheek and stroked her pubic hair. Lyn shouted for help
and Phil was arrested. Phil is liable for __________. (1%)

(A) rape by sexual assault for using his fingers

(B) violation of the Anti-Child Abuse Law for lascivious conduct

(C) unjust vexation

(D) acts of lasciviousness

(E) None of the above.

XIX. If Rod killed Irene, his illegitimate daughter, after taking her diamond earrings and forcing
her to have sex with him, what crime/s should Rod be charged with? (1%)

(A) Robbery and rape with parricide.

(B) Robbery, rape and parricide.

(C) Rape with homicide and theft.

(D) Rape with homicide.

(E) None of the above.

XX. From an extension line, Ricardo overheard a telephone conversation between Julito and
Atty. Hipolito. The latter (Atty. Hipolito) was asking money from Julito in exchange for dropping
the extortion charge filed against Julito. Ricardo was charged of violating the Anti-Wire Tapping
Act or R.A. 4200.

Under these facts, was there a violation as charged? (1%)

(A) Yes, because the conversation was private in nature.

(B) Yes, because the conversation was overheard without the consent of the parties, Julito and
Atty. Hipolito.

(C) No, because what is punishable is intentional listening to a conversation through a wire.
(D) No, because a telephone extension line is not the device or arrangement contemplated by
the law and the use of an extension line cannot be considered as wire tapping.

(E) None of the above.

XXI. Judge Talim, upon complaint and application of the realty corporation Batmanson, Inc.,
issued a writ of preliminary injunction against Darjeeling Ventures, Inc., a competitor of
Batmanson, Inc., without notice and hearing.

If you were counsel for Darjeeling Ventures, Inc., what criminal charge should you file against
Judge Talim? (1%)

(A) Rendering a manifestly unjust judgment.

(B) Knowingly rendering an unjust interlocutory order.

(C) Causing undue injury through manifest partiality under R.A. No. 3019.

(D) Bribery.

(E) None of the above.

XXII. George, the 20-year old son of a rich politician, was arrested at the NAIA arrival lounge
and found positive for opium, a dangerous drug. When arrested, 15 grams of cocaine were
found in his backpack.

What offense would you charge George under R.A. No. 9160 (Comprehensive Dangerous
Drugs Act)? (1%)

(A) Use of dangerous drug.

(B) Use and possession of dangerous drugs.

(C) Possession of dangerous drugs.

(D) Importation of dangerous drugs.

(E) None of the above.

XXIII. During a military uprising aimed at ousting the duly constituted authorities and taking
over the government, General Tejero and his men forcibly took over the entire Rich Hotel which
they used as their base. They used the rooms and other facilities of the hotel, ate all the
available food they found, and detained some hotel guests.

What crime did General Tejero and his men commit? (1%)

(A) Rebellion complexed with serious illegal detention and estafa.

(B) Rebellion.

(C) Coup d'etat.

(D) Terrorism.

(E) None of the above.

XXIV. Andres was convicted of frustrated homicide and was sentenced to 6 years and 1 day as
minimum, to 8 years of prision mayor as maximum. Andres appealed his conviction to the
Court of Appeals, which convicted him of attempted homicide, and sentenced him to 6 months
of arresto mayor as minimum, to4years of prision correccional as maximum.

Instead of appealing his conviction, Andres filed an application for probation with the Regional
Trial Court. Is Andres qualified to avail of the benefits of the probation law? (1%)

(A) No, because when he filed a notice of appeal with the Court of Appeals, he waived his right
under the probation law.

(B) Yes, because after his appeal, he qualified for probation as the sentence imposed on him
was less than6years.

(C) Yes, because the probation law is meant to favor the accused.

(D) No, because his previous sentence of more than 6 years disqualified him so that he can no
longer avail of probation as an alternative remedy.

(E) None of the above.

XXV. Juancho owns a small piggery in Malolos, Bulacan. One Saturday afternoon, he
discovered that all his pigs had died. Suspecting that one of his neighbours had poisoned the
pigs, Juancho went home, took his rifle, went around the neighbourhood, and fired his rifle in
the air while shouting, "makakatikim sa akin ang naglason ng mga baboy ko." Barangay
officials requested police assistance and Juancho was apprehended. Juancho was charged
with and convicted of the crime of alarms and scandals. Juancho did not appeal his conviction.

Is Juancho qualified for probation? (1%)

(A) Yes, because the penalty for alarms and scandals is less than six (6) years.

(B) Yes, because Juancho did not appeal his conviction.

(C) No, because the crime of alarms and scandals carries with it a fine of P200.

(D) No, because the crime of alarms and scandals affects public order.

(E) None of the above.

-0-0-0-0-

2014 BAR EXAMINATIONS


CRIMINAL LAW

October 19, 2014 2:00 P.M.- 6:00 P.M.

INSTRUCTIONS

1. This Questionnaire contains TWELVE (12) pages including these Instructions pages. Check
the number of pages and the page numbers at the upper right hand corner of each page of
this Questionnaire and make sure it has the correct number of pages and their proper
numbers.

There are TWENTY-SIX (26) Essay and Multiple Choice Questions (MCQs) to be answered
within four (4) hours.

The essay portion contains questions that are equivalent to not less than 80% of the whole
examination, while the MCQ portion contains questions equivalent to not more than 20%.

2. Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only on
the front, not the back, page of every sheet in your Notebook. Note well the allocated
percentage points for each number, question, or sub-question. In your answers, use the
numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use
the back page of every sheet of your Examination Notebook, starting at the back page of the
first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question,
to select the material from the immaterial facts, and to discern the points upon which the
question turns. It should show your knowledge and understanding of the pertinent principles
and theories of law involved and their qualifications and limitations. It should demonstrate your
ability to apply the law to the given facts, and to reason logically in a lawyer-like manner to a
sound conclusion from the given premises.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the question
does not expressly ask for an explanation. At the same time, remember that a complete
explanation does not require that you volunteer information or discuss legal doctrines that are
not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat
the question in your Notebook.

4. MCQs are to be answered by writing in your Notebook the capital letter A, B, C, or D


corresponding to your chosen answer. There is only one correct answer to every MCQ;
choose the BEST answer from among the offered choices.

5. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on
your Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner).

Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is
considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.
YOU CAN BRING HOME THIS QUESTIONNAIRE OR HAND IT TOGETHER WITH YOUR
NOTEBOOK

J. DIOSDADO M. PERALTA
Chairman
2014 Bar Examinations

I.

Ms. Ahad been married to Mr. B for 10 years. Since their marriage, Mr. B had been jobless
and a drunkard, preferring to stay with his "barkadas" until the wee hours of the morning. Ms.
A was the breadwinner and attended to the needs of their three (3) growing children. Many
times, when Mr. Bwas drunk, he would beat Ms. Aand their three (3) children, and shout
invectives against them. In fact, in one of the beating incidents, Ms. A suffered a deep stab
wound on her tummy that required a prolonged stay in the hospital. Due to the beatings and
verbal abuses committed against her, she consulted a psychologist several times, as she was
slowly beginning to lose her mind. One night, when Mr. Barrived dead drunk, he suddenly
stabbed Ms. Aseveral times while shouting invectives against her. Defending herself from the
attack, Ms. A grappled for the possession of a knife and she succeeded. She then stabbed
Mr. B several times which caused his instantaneous death. Medico-Legal Report showed that
the husband suffered three (3) stab wounds. Can Ms. Avalidly put up a defense? Explain.
(5%)

II.

Macho married Ganda, a transgender. Macho was not then aware that Ganda was a
transgender. On their first night, after their marriage, Macho discovered that Ganda was a
transgender. Macho confronted Ganda and a heated argument ensued. In the course of the
heated argument, a fight took place wherein Ganda got hold of a knife to stab Macho. Macho
ran away from the stabbing thrusts and got his gun which he pointed at Ganda just to frighten
and stop Ganda from continuing with the attack. Macho had no intention at all to kill Ganda.
Unfamiliar with guns, Macho accidentally pulled the trigger and hit Ganda that caused the
latter’s death. What was the crime committed? (4%)

III.
City Engr. A, is the city engineer and the Chairman of the Bids and Awards Committee (BAC)
of the City of Kawawa. In 2009, the City of Kawawa, through an ordinance,allotted the amount
of P100 million for the construction of a road leading to the poblacion. City Engr. A instead,
diverted the construction of the road leading to his farm. Investigation further showed that he
accepted money in the amount of P10 million each from three (3) contending bidders, who
eventually lost in the bidding.

Audit report likewise showed that service vehicles valued at P2 million could not be accounted
for although reports showed that these were lent to City Engr. A’s authorized drivers but the
same were never returned. Further, there were funds under City Engr. A’s custody amounting
to P10 million which were found to be missing and could not be accounted for. In another
project, he was instrumentalin awarding a contract for the construction of a city school building
costing P10 million to a close relative, although the lowest bid was P8 million. Investigation
also revealed that City Engr. A has a net worth of more than P50 million, which was way
beyond his legitimate income. (8%)

(A) If you are the Ombudsman, what charge or charges will you file against City Engr. A?

(B) Suppose the discovered net worth of City Engr. Ais less than P50 million, will your answer
still be the same?

IV.

Madam X, a bank teller, received from depositor Madam Y a check payable to cash in the
amount of P1 million, to be deposited to the account of Madam Y. Because the check was not
a crossed check, Madam X credited the amount to the account of her good friend, Madam W,
by accomplishing a deposit slip. Seven (7) days after, Madam X contacted her good friend,
Madam W and told her that the amount of P1 million was wrongfully credited to Madam W,
thus, Madam X urged Madam W to withdraw the amount of P1 million from her accountand to
turn over the same to Madam X. As a dutiful friend, Madam W readily acceded. She was
gifted by Madam X with an expensive Hermes bag after the withdrawal of the amount. What
crime/s, if any, did Madam X and Madam W commit? Explain. (5%)

V.

Congress passed a law reviving the Anti-Subversion Law, making it a criminal offense again
for a person to join the Communist Party of the Philippines. Reporma, a former high-ranking
member of the Communist Party, was charged under the new law for his membership in the
Communist Party when he was a student in the 80’s. He now challenges the charge against
him. What objections may he raise? (3%)

VI.

Awas caught peeping through a small hole in the bathroom door while a young 16-year-old
lady was taking a bath. Ais liable for: (1%)

(A) Violation of R.A. 9262 or Violence Against Women and their Children

(B) Violation of R.A. 7610 – Child Abuse Law

(C) Light coercion

(D) Acts of lasciviousness

VII.

Filthy, a very rich businessman, convinced Loko, a clerk of court, to issue an order of release
for Takas, Filthy’s cousin, who was in jail for a drug charge. After receiving P500,000.00, Loko
forged the signature of the judge on the order of release and accompanied Filthyto the
detention center. At the jail, Loko gave the guard P10,000.00 to open the gate and let Takas
out.

What crime or crimes did Filthy, Loko, and the guard commit? (4%)

VIII.

Pretty was a campus beauty queen who, because of her looks and charms, attracted many
suitors. Having decided that she would become a nun, Pretty turned down all her suitors.
Guapo, one of her most persistent suitors, could not handle rejection and one night, decided
to accost Pretty as she walked home. Together with Pogi, Guapo forced Pretty into his car
and drove her to an abandoned warehouse where heand Pogi forced Pretty to dance for
them. Later, the two took turns in raping her.After satisfying their lusts, Guapo and Pogi
dropped her off at her house. (4%)

(A) What crime or crimes did Guapo and Pogi commit?


(B) Pretty, after the ordeal, decided to take her own life by hanging herself one hour after the
rape. Would Guapo and Pogi be liable for Pretty’s death? Explain.

IX.

A, B, and C agreed to rob the house of Mr. Dat 10 o’clock in the evening, with Cas the driver
of the tricycle which they would use in going to and leaving the house of Mr. D, and Aand Bas
the ones who would enter the house to get the valuables of Mr. D. As planned, C parked the
tricycle in a dark place, while A and B entered the house thru an open door. Once inside, A
entered the master’s bedroom and started getting all the valuables he could see, while
Bentered another room. While inside the room, B saw a male person and immediately
Bbrought out his gun but he accidentally pulled its trigger. The bullet went through the window,
hitting a neighbor that killed him. Neighbors were then awakened by the gunfire and
policemen were alerted. Not long after, policemen arrived. Aand B panicked and got hold of a
young boy and shouted to the policemen who were already outside of the house that they
would harm the boy if the policemen did not disperse. Aand B demanded that they should be
allowed to use a vehicle to bring them to a certain place and that would be the time that they
would release the young boy. The policemen acceded. In the meantime, Cwas arrested by the
policemen while he was about to flee, while Aand B, after releasing the young boy, were
arrested.

What crime/s did A, B, and Ccommit, and what modifying circumstances attended the
commission of the crime/s? (6%)

X.

Loko advertised on the internet that he was looking for commercial models for a TV
advertisement. Ganda, a 16-year-old beauty, applied for the project. Loko offered her a
contract, which Ganda signed. She was asked to report to an address which turned out to be
a high-end brothel. Ganda became one of its most featured attraction. What is Loko’s liability,
if any? What effect would Ganda’s minority have on Loko’s liability? (4%)

XI.

A, in a public place, fired his gun at B with the intention of killing B, but the gun did not fire
because the bullet is a dud. The crime is: (1%)
(A) attempted homicide

(B) grave threat

(C) impossible crime

(D) alarm and scandal

XII.

Sexy boarded a taxi on her way home from a party. Because she was already tipsy, she fell
asleep. Pogi, the taxi driver, decided to take advantage of the situation and drove Sexyto a
deserted place where he raped her for a period of two (2) weeks. What crime did Pogi
commit? (4%)

XIII.

Puti detested Pula, his roommate, because Pula was courting Ganda, whom Puti fancied. One
day, Puti decided to teach Pula a lesson and went to a veterinarian (Vet) to ask for poison on
the pretext that he was going to kill a sick pet, when actually Puti was intending to poison
Pula.

The Vetinstantly gave Puti a non-toxic solution which, when mixed with Pula’s food, did not kill
Pula. (4%)

(A) What crime, if any, did Puti commit?

(B) Would your answer be the same if, as a result of the mixture, Pula got an upset stomach
and had to be hospitalized for 10 days?

XIV.

Malo, a clerk of court of a trial court, promised the accused in a drug case pending before the
court, that he would convince the judge to acquit him for a consideration of P5 million. The
accused agreed and delivered the money, through his lawyer, to the clerk of court.

The judge, not knowing of the deal, proceeded to rule on the evidence and convicted the
accused. (4%)

(A) Malowas charged with violation of Section 3(b), Republic Act (R.A.) No. 3019, which
prohibits a public officer from directly or indirectly requesting or receiving any gift, present,
share percentage or benefit wherein the public officer, in his official capacity, has to intervene
under the law. He was later charged also with indirect bribery under the Revised Penal Code.
Malo claims he can no longer be charged under the Revised Penal Code for the same act
under R.A. 3019. Is he correct?

(B) Malowas charged with estafa under Article 315 because he misrepresented that he had
influence, when he actually had none. Is the charge correct?

XV.

Which of the following is not a privilege mitigating circumstance? (1%)

(A) 17-year-old offender

(B) 14-year-old offender

(C) incomplete self-defense

(D) incomplete defense of a relative

XVI.

Mr. Benjie is the owner of a hardware store specializing in the sale of plumbing materials. On
February 1, 2014, Mr. Ed, a friend and regular customer of Mr. Benjie, visited the hardware
store and purchased several plumbing materials in the total amount of P5 million. Mr.
Benjiereadily accepted Mr. Ed’s payment of three (3) postdated checks in the amount of P1
million Pesos each in view of the assurance of Mr. Ed that the checks will be honored upon
presentment for payment. Mr. Benjie, as a consequence, immediately delivered the materials
to the house of Mr. Ed. The following day, Mr. Ed went back to Mr. Benjie to tender another
two (2) postdated checks in the amount of P1 million each to complete the payment, with the
same assurance that the checks will be honored upon presentment for payment. When the
checks were presented for payment, all were dishonored for insufficiency of funds and
corresponding notices of dishonor were sent and received by Mr. Ed. One month after receipt
of the notices of dishonor, Mr. Ed failed to make good the checks. Thereafter, Mr. Benjie filed
before the public prosecutor’s office a complaint against Mr. Ed, although no demand letter
was earlier sent to Mr. Ed.

During the preliminary investigation, Mr. Benjie accepted several amounts from Mr. Edas
partial payments. The wife of Mr. Benjie protested and insisted that the complaint should
continue despite the partial payments. On the other hand, Mr. Ed counters that no demand
letter was earlier sent to him, that the obligation is merely civil in character and that novation
took place when Mr. Benjie accepted the partial payments. Discuss the criminal liability, if any,
of Mr. Ed. (6%)

XVII.

Pierceis a French diplomat stationed in the Philippines. While on EDSA and driving with an
expired license, he hit a pedestrian who was crossing illegally. The pedestrian died. Pierce
was charged with reckless imprudence resulting in homicide. In his defense, he claimed
diplomatic immunity. Is Pierce correct? (3%)

XVIII.

Manolo, an avid art collector, was invited to Tonio’s house. There, Manolo noticed a nice
painting that exactly looked like the painting which he reported was stolen from him some
years back. Manolo confronted Tonio about the painting, but Tonio denied any knowledge,
claiming that he bought the painting legitimately from a friend. Manolo later proved to
Toniothat the painting was indeed the stolen painting. (4%)

(A) What crime/s, if any, may Tonio be charged with?

(B) Manolo decided to take matters into his own hands and, one night, broke into Tonio’s
house by destroying the wall and taking the painting. What, if any, would be the liability of
Manolo?

XIX.

Clepto went alone to a high-end busy shop and decided to take one of the smaller purses
without paying for it. Overcame by conscience, she decided to leave her own purse in place of
the one she took. Her act was discovered and Cleptowas charged with theft. She claimed that
there was no theft, as the store suffered no injuryor prejudice because she had left a purse in
place of the one she took. Comment on her defense. (3%)

XX.

Which of the following is not a qualifying aggravating circumstance? (1%)

(A) treachery
(B) evident premeditation

(C) dwelling

(D) cruelty

XXI.

During trial for theft in 2014, the prosecution managed to show that accused AA has also been
convicted by final judgment for robbery in 2003, but she eluded capture. A subsequent
verification showed that AA had several convictions, to wit:

(1.) In 1998, she was convicted of estafa;

(2.) In 2002, she was convicted of theft;

(3.) In 2004, she was convicted of frustrated homicide;

The judge trying the theft case in 2014 is about to convict AA. What circumstances affecting
the liability or penalty may the judge appreciate against AA? (4%)

XXII.

Mr. Red was drinking with his buddies, Mr. White and Mr. Blue when he saw Mr. Green with
his former girlfriend, Ms. Yellow. Already drunk, Mr. Red declared in a loud voice that if he
could not have Ms. Yellow, no one can. He then proceeded to the men’s room but told Mr.
White and Mr. Blue to take care of Mr. Green. Mr. Blue and Mr. White asked Mr. Red what he
meant but Mr. Red simply said, "You already know what I want," and then left. Mr. Blue and
Mr. White proceeded to kill Mr. Green and hurt Ms. Yellow. (4%)

(A) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for the death
of Mr. Green?

(B) What, if any, are the respective liabilities of Mr. Red, Mr. White and Mr. Blue for the
injuries of Ms. Yellow?

XXIII.

Carla, four (4) years old, was kidnapped by Enrique, the tricycle driver engaged by her
parents to drive her to and from school every day. Enrique wrote a ransom note demanding
that Carla’s parents pay him P500,000.00 ransom in exchange for her liberty. However, before
the ransom note could be received by Carla’s parents, Enrique’s hideout was discovered by
the police. Carla was rescued while Enrique was arrested. The prosecutor considered that the
ransom note was never received by Carla’s parents and filed a case of "Impossible crime to
commit kidnapping" against Enrique. Is the prosecutor correct? If he is not correct, can he
instead file a case of grave coercion? (4%)

XXIV.

A, a young boy aged sixteen (16) at the time of the commission of the crime, was convicted
when he was already seventeen (17) years of age for violation of Section 11 of R.A. 9165 or
Illegal Possession of Dangerous Drugs for which the imposable penalty is life imprisonment
and a fine. Section 98 of the same law provides that if the penalty imposed is life
imprisonment to death on minor offenders, the penalty shall be reclusion perpetuato death.
Under R.A. 9344, a minor offender is entitled to a privilege mitigating circumstance. (8%)

(A) May the privilege mitigating circumstance of minority be appreciated considering that the
penalty imposed by law is life imprisonment and fine?

(B) Is the Indeterminate Sentence Law applicable considering that life imprisonment has no
fixed duration and the Dangerous Drugs Law is malum prohibitum?

(C) If the penalty imposed is more than six (6) years and a notice of appeal was filed by Aand
given due course by the court, may A still file an application for probation?

(D) If probation is not allowed by the court, how will Aserve his sentence?

XXV.

Mr. Gray opened a savings account with Bank A with an initial deposit of P50,000.00. A few
days later, he deposited a check for P200,000.00 drawn from Bank B and endorsed by Mr.
White. Ten days later, Mr. Gray withdrew the P200,000.00 from his account. Mr. White later
complained to Bank B when the amount of P200,000.00 was later debited to his account, as
he did not issue the check and his signature thereon was forged. Mr. Gray subsequently
deposited another check signed by Mr. Whitefor P200,000.00, which amount he later
withdrew. Upon receiving the amount, Mr. Gray was arrested by agents of the National
Bureau of Investigation (NBI).
Mr. Gray was convicted of estafa and attempted estafa, both through the use of commercial
documents. (4%)

(A) Mr. Gray claims as defense that, except for Mr. White’s claim of forgery, there was no
evidence showing that he was the author of the forgery and Mr. White did not suffer any
injuries as to the second check (attempted estafa). Rule on the defense of Mr. Gray.

(B) Mr. Gray claims that he was entrapped illegally because there was no showing that the
second check was a forgery and, therefore, his withdrawal based on the second check was a
legal act. Is Mr. Gray correct?

XXVI.

Awas bitten by a dog owned by a neighbor. The following day, angered by the incident, Atook
the dog without the knowledge of the owner, had it butchered and cooked the meat. Hethen
invited his friends to partake of the dish with his friends who knew fully well that the dog was
taken without the knowledge of the owner. What are the friends of Aliable for? (1%)

(A) Theft

(B) Malicious mischief

(C) Accessories

(D) Obstruction of Justice

---oo0ooo---

2015 BAR EXAMINATIONS


CRIMINAL LAW

November 22, 2015 2:00 P.M. - 6:00 P.M.

INSTRUCTIONS
1. This Questionnaire contains ten (10) pages including these Instructions pages. Check the
number of pages and the page numbers at the upper right hand corner of each page of this
Questionnaire and make sure it has the correct number of pages and their proper numbers.

There are 22 items (I to XXII to be answered within/our (4) hours.

2. Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only on
the front, not the back, page of every sheet in your Notebook. Note well the allocated
percentage points for each number, question, or sub-question. In your answers, use the
numbering system in the questionnaire.

If the sheets provided in your Examination Notebook are not sufficient for your answers, use
the back page of every sheet of your Examination Notebook, starting at the back page of the
first sheet and the back of the succeeding sheets thereafter.

3. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts presented by the question,
to select the material from the immaterial facts, and to discern the points upon which the
question turns. It should show your knowledge and understanding of the pertinent principles
and theories of law involved and their qualifications and limitations. It should demonstrate your
ability to apply the law to the given facts, to reason logically in a lawyer-like manner, and to
form a sound conclusion from the given premises.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given any credit. Thus, always briefly but fully explain your answers although the question
does not expressly ask for an explanation. At the same time, remember that a complete
explanation does not require that you volunteer information or discuss legal doctrines that are
not necessary or pertinent to the solution to the problem. You do not need to re-write or repeat
the question in your Notebook.

4. Make sure you do not write your name or any extraneous note/s or distinctive marking/s on
your Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner).
Writing, leaving or making any distinguishing or identifying mark in the exam Notebook is
considered cheating and can disqualify you for the Bar examinations.

You can use the questionnaire for notes you may wish/need to write during the examination.

YOU CAN BRING HOME THIS QUESTIONNAIRE OR SUBMIT IT TOGETHER WITH YOUR
NOTEBOOK

JUSTICE TERESITA J. LEONARDO-DE CASTRO


Chairperson
2015 Bar Examinations

I. a) How are felonies committed? Explain each. (3%)

b) What is aberratio ictus? (2%)

II. Distinguish between ex post facto law and bill of attainder. (3%)

III. The Regional Trial Court {RTC) found Tiburcio guilty of frustrated homicide and
sentenced him to an indeterminate penalty of four years and one day of prision
correccional as minimum, to eight years of prision mayor as maximum, and ordered
him to pay actual damages in the amount of 1125,000.00. Tiburcio appealed to the
Court of Appeals which sustained his conviction as well as the penalty imposed by the
court a quo. After sixty days, the Court of Appeals issued an Entry of Judgment and
remanded the records of the case to the RTC. Three days thereafter, Tiburcio died of
heart attack. Atty. Abdul, Tiburcio's counsel, filed before the RTC a Manifestation with
Motion to Dismiss, informing the court that Tiburcio died already, and claiming that his
criminal liability had been extinguished by his demise.

a) Should the RTC grant the Motion to Dismiss the case? Explain. (2.5%)

b) Assuming that Tiburcio' s death occurred before the Court of Appeals rendered its decision,
will you give a different answer? Explain. (2.5%)

IV. Procopio, a call center agent assigned at a graveyard shift, went home earlier than
usual. He proceeded immediately to their bedroom to change his clothes. To his
surprise, he found his wife Bionci in bed making love to another woman Magna.
Enraged, Procopio grabbed a knife nearby and stabbed Bionci, who died.
a) What crime did Procopio commit, and what circumstance attended the case? Explain. (3%)

b) Assuming that Procopio and Bionci were common-law spouses, will your answer be the
same? Explain. (2%)

V. Dion and Talia were spouses. Dion always came home drunk since he lost his job a
couple of months ago. Talia had gotten used to the verbal abuse from Dion. One night,
in addition to the usual verbal abuse, Dion beat up Talia. The next morning, Dion saw
the injury that he had inflicted upon Talia and promised her that he would stop drinking
and never beat her again. However, Dion did not make good on his promise. Just after
one week, he started drinking again. Talia once more endured the usual verbal abuse.
Afraid that he might beat her up again, Talia stabbed Dion with a kitchen knife while he
was passed out from imbibing too much alcohol. Talia was charged with the crime of
parricide.

a) May Talia invoke the defense of Battered Woman Syndrome to free herself from criminal
liability? Explain. (2.5%)

b) Will your answer be the same, assuming that Talia killed Dion after being beaten up after a
second time? Explain. (2.5%)

VI. Senator Adamos was convicted of plunder. About one year after beginning to serve his
sentence, the President of the Philippines granted him absolute pardon. The signed
pardon states: "In view hereof, and in pursuance of the authority vested upon me by
the Constitution, I hereby grant absolute pardon unto Adamos, who was convicted of
plunder in Criminal Case No. XV32 and upon whom the penalty of reclusion
perpetua was imposed." He now comes to you for advice. He wants to know if he
could run for senator in the next election.

a) What advice will you give Adamos? Explain. (2.5%)

b) Assuming that what Adamos committed was heading a rebellion for which he was imposed
the same penalty of reclusion perpetua, and what he received was amnesty from the
government, will your answer be the same? Explain. (2.5%)

VII. Taylor was convicted of a violation of the Election Code, and was sentenced to suffer
imprisonment of one year as minimum, to three years as maximum. The decision of
the trial court was affirmed on appeal and became final and executory. Taylor failed to
appear when summoned for execution of judgment, prompting the judge to issue an
order for his arrest. Taylor was able to use the backdoor and left for the United States.
Fifteen years later, Taylor returned to the Philippines and filed a Motion to Quash the
warrant of arrest against him, on the ground that the penalty imposed against him had
already prescribed.

a) If you were the judge, would you grant Taylor's Motion to Quash? Explain. (2.5%)

b) Assuming that instead of the United States, Taylor was able to go to another country with
which the Philippines had no extradition treaty, will your answer be the same? Explain. (2.5%)

VIII. A typhoon destroyed the houses of many of the inhabitants of X Municipality.


Thereafter, X Municipality operated a shelter assistance program whereby construction
materials were provided to the calamity victims, and the beneficiaries provided the
labor. The construction was partially done when the beneficiaries stopped helping with
the construction for the reason that they needed to earn income to provide food for
their families. When informed of the situation, Mayor Maawain approved the
withdrawal of ten boxes of food from X Municipality's feeding program, which were
given to the families of the beneficiaries of the shelter assistance program. The
appropriations for the funds pertaining to the shelter assistance program and those for
the feeding program were separate items on X Municipality's annual budget.

a) What crime did Mayor Maawain commit? Explain. (2.5%)

b) May Mayor Maawain invoke the defense of good faith and that he had no evil intent when
he approved the transfer of the boxes of food from the feeding program to the shelter
assistance program? Explain. (2.5%)

IX. The Philippine Drug Enforcement Agency (PDEA) had intelligence reports about the
drug pushing activities of Rado, but could not arrest him for lack of concrete evidence.
SP03 Relio, a PDEA team leader, approached Emilo and requested him to act as
poseur-buyer of shabu and transact with Rado. Emilo refused, saying that he had
completely been rehabilitated and did not want to have anything to do with drugs
anymore. But he was prevailed upon to help when SP03 Relio explained that only he
could help capture Rado because he used to be his customer. SP03 Relio then gave
Emilo the marked money to be used in buying shabu from Rado. The operation
proceeded. After Emilo handed the marked money to Rado in exchange for the
sachets of shabu weighing 50 grams, and upon receiving the pre-arranged signal from
Ernilo, SP03 Relio and his team members barged in and arrested Rado and Ernilo,
who were both charged with violation of R.A. 9165, otherwise known as the
Comprehensive Dangerous Drugs Act of 2002.

a) What defense, if any, may Ernilo invoke to free himself from criminal liability? Explain.
(2.5%)

b) May Rado adopt as his own Ernilo's defense? Explain. (2.5%)

X. Honesto and Wilma were married but had been living separately due to irreconcilable
differences. Honesto later met Celia and fell in love with her. Thinking that he could
marry Celia if Wilma were to die, Honesto decided to kill Wilma. He secretly followed
Wilma for weeks to learn her daily routine. He decided to kill her at night on her way
home. On the night he was to kill Wilma, Honesto wore dark clothes so that he would
not be easily seen. He waited in the dark alley for Wilma to pass by. He saw someone
whom he thought looked like Wilma and shot her with a revolver. The bullet passed
through the person's head and grazed another passerby's arm. Some bystanders who
heard the shot were able to stop Honesto.

It turned out that Wilma did not report for work on that day, and the one who was shot in the
head was Melba, who died. The passerby whose arm was grazed by the bullet required
medical attendance for two days.

a) What crime(s) did Honesto commit? Explain. (2.5%)

b) Will your answer be the same, assuming that the other passerby was hit in the left eye
which caused his/her blindness? Explain. (2.5%)

XI. Nel learned that Elgar, the owner of the biggest house in the place, would be out of
town for three days with no one left to watch the house. He called his friends Ben,
Ardo and Gorio and they planned to take the valuables in the house while Elgar was
away. Nel and Ben would go inside the house, Ardo would serve as the lookout, while
Gorio would stay in the getaway car. When Elgar left, they carried out their plan to the
letter. Nel and Ben went inside the house through the backdoor which was left
unlocked. None of the rooms and drawers inside were locked. They took the money,
jewelry and other valuables therefrom and immediately left using the getaway car.
After driving for about one kilometer, Nel realized he left his bag and wallet with IDs in the
house and so he instructed Gorio to drive back to the house. Nel just went in thinking that the
house was still empty. But to his surprise, Nel found Fermin seated on a bench with Nel's bag
and wallet beside him and appeared to be texting using his smart phone. Nel took a golf club
near him and hit Fermin with it. Fermin shouted for help, but Nel kept hitting him until he
stopped making noise. The noise alerted the neighbor who called the police. Nel, Ben, Ardo
and Gorio were caught. Fermin died. What is the criminal liability of Nel, Ben, Ardo and Gorio?
Explain. (5%)

XII. Ando, an Indonesian national who just visited the Philippines, purchased a ticket for a
passenger vessel bound for Hong Kong. While on board the vessel, he saw his mortal
enemy Iason, also an Indonesian national, seated at the back portion of the cabin and
who was busy reading a newspaper. Ando stealthily approached Iason and when he
was near him, Ando stabbed and killed Iason. The vessel is registered in Malaysia.
The killing happened just a few moments after the vessel left the port of Manila.
Operatives from the PNP Maritime Command arrested Ando. Presented for the killing
of Iason, Ando contended that he did not incur criminal liability because both he and
the victim were Indonesians. He likewise argued that he could not be prosecuted in
Manila because the vessel is a Malaysian-registered ship. Discuss the merits of Ando's
contentions. (4%)

XIII. Dora gave Elen several pieces of jewelry for sale on commission basis. They agreed
that Elen would remit the proceeds of the sale and return the unsold items to Dora
within sixty days. The period expired without Elen remitting the proceeds of the sale or
returning the pieces of jewelry. Dora demanded by phone that Elen turn over the
proceeds of the sale and return the unsold pieces of jewelry. Elen promised to do so
the following day. El en still failed to make good on her promise but instead issued
post-dated checks. Thereafter, Dora made several more demands, the last of which
was in writing, but they were all unheeded. When the checks were deposited in Dora's
bank account, the checks were returned unpaid for insufficient funds. Elen was
charged with estafa and violation of Batas Pambansa Big. 22. Will the charges against
Elen prosper? Explain. (4%)

XIV. Dela convinced Nita to work in Taiwan, promising Nita that she would take care of the
processing of the necessary documents. Dela collected P120,000.00 from Nita
purportedly for the processing of her papers. Upon receipt of the money, Nita was
made to accomplish certain forms and was told that she would be deployed to Taiwan
within one month. After one month, Nita followed up on her application. Dela made
some excuses and told Nita that the deployment would be delayed. Another month
passed and Dela made other excuses which made Nita suspicious. Nita later
discovered that Dela was not licensed to recruit. Nita confronted Dela and demanded
the return of her money. Dela promised to return the same in a week's time.

a) A week later, Dela was nowhere to be found. What crime(s) did Dela commit? Explain.
(2.5%)

b) Will your answer still be the same, assuming that the promise to deploy for employment
abroad was made by Dela to Celia, Digna and Emma, in addition to Nita, and from whom Dela
also collected the same amount of processing fee? Explain. (2.5%)

XV. Dancio, a member of a drug syndicate, was a detention prisoner in the provincial jail of
X Province. Brusco, another member of the syndicate, regularly visited Dancio. Edri,
the guard in charge who had been receiving gifts from Brusco everytime he visited
Dancio, became friendly with him and became relaxed in the inspection of his
belongings during his jail visits. In one of Brusco's visits, he was able to smuggle in a
pistol which Dancio used to disarm the guards and destroy the padlock of the main
gate of the jail, enabling Dancio to escape. What crime(s) did Dancio, Brusco and Edri
commit? Explain. (5%)

XVI. Erwin and Bea approached Mayor Abral and requested him to solemnize their
marriage. Mayor Abral agreed. Erwin and Bea went to Mayor Abral's office on the day
of the ceremony, but Mayor Abral was not there. When Erwin and Bea inquired where
Mayor Abral was, his chief of staff Donato informed them that the Mayor was
campaigning for the coming elections. Donato told them that the Mayor authorized him
to solemnize the marriage and that Mayor Abral would just sign the documents when
he arrived. Donato thereafter solemnized the marriage and later turned over the
documents to Mayor Abral for his signature. In the marriage contract, it was stated that
the marriage was solemnized by Mayor Abral. What crime(s) did Mayor Abral and
Donato commit? Explain. (4%)
XVII. After a heated argument over his philandering, Higino punched on the head his wife
Aika, who was six and a half months pregnant. Because of the impact, Aika lost her
balance, fell on the floor with her head hitting a hard object. Aika died and the child
was expelled prematurely. After thirty-six hours, the child died.

a) What crime(s) did Higino commit? Explain. (2.5%)

b) Assuming that when the incident occurred, Aika was only six months pregnant, and when
she died, the fetus inside her womb also died, will your answer be different? Explain. (2.5%)

XVIII. Lito, a minor, was bullied by Brutus, his classmate. Having had enough, Lito got the
key to the safe where his father kept his licensed pistol and took the weapon. Knowing
that Brutus usually hung out at a nearby abandoned building after class, Lito went
ahead and hid while waiting for Brutus. When Lito was convinced that Brutus was
alone, he shot Brutus, who died on the spot. Lito then hid the gun in one of the empty
containers. At the time of the shooting, Lito was fifteen years and one month old. What
is Lito's criminal liability? Explain. (4%)

XIX. Bruno, a taxi driver, had an indebtedness in the sum of P10,000.00 which would
become due in one week. He was starting to worry because he still had not raised the
amount to pay for his debt. Every day, he had prayed for divine intervention. One
night, while returning the taxi to the garage, he found a wallet on the back seat.
Inspecting it, he learned that it contained exactly Pl 0,000.00 cash, the amount of his
obligation, and IDs. Thinking it was divine intervention, and that his prayers were
answered, he took the money and used it to pay his debt.

a) What crime, if any, did Bruno commit? Explain. (2.5%)

b) Assuming that instead of using the money, Bruno turned over the wallet and its contents to
the nearby police station, and it was the chief of police of that station who appropriated the
money for his own benefit, what crime was committed by the chief of police? Explain. (2.5%)

XX. Senio planned to burn Bal' s house. One evening, during a drinking spree at his house,
Senio told his friends what he intended to do and even showed them the gasoline in
cans that he would use for the purpose. Carlo, a common friend of Senio and Bal, was
present at the drinking spree. He was still sober when Senio told them his plans.
Before going home, Carlo warned Bal that Senio would burn his house and had
already bought gasoline that would be used for the purpose. Bal reported the matter to
the police authorities. Meanwhile, Senio went to Bal' s house and proceeded to pour
gasoline around the walls of the house and it was at that point when he was caught by
the police. What crime did Senio commit, if any? Explain. (3%)

XXI. Filipino citizens Hector and Wendy were married in New York, and have been living
happily in Manila for the last three years. Hector was removing junk from his basement
when he came across an unlabeled recordable cd. He put it in his computer's DVD
drive to check its contents. To his surprise, he saw a video of Wendy and another man
Ariel, in the act of sexual intercourse in the master's bedroom of his house. Angered by
what he saw, he filed a complaint for adultery against Wendy and Ariel. During the
course of the trial, and again to the surprise of Hector, it was proved that Wendy was
born male and underwent sex reassignment later in life.

a) May Hector's charge of adultery against Wendy and Ariel prosper? Explain. (3%)

b) What is an impossible crime? Can there be an impossible crime of adultery? (2%)

XXII. Charlie was charged for the qualified rape of AAA. The Information alleged that AAA
was 14 years old at the time the crime was committed and that Charlie was AAA's
stepfather. The presentation of AAA's birth certificate during the trial duly established
the following: (1) that AAA was indeed 14 years old at the time of the rape; and (2) that
AAA's mother is BBB and her father was the late CCC. BBB and Charlie only became
live-in partners after CCC's death. The RTC found Charlie guilty of qualified rape. On
appeal, the Court of Appeals convicted Charlie of simple rape. Charlie appealed before
the Supreme Court. How will you rule and why? (3%)

---ooo0ooo---

2016 BAR EXAMINATIONS


CRIMINAL LAW

November 20, 2016 2:00 P.M. - 6:00 P.M.


INSTRUCTIONS

1. This Questionnaire contains eight (8) pages. Check the number of pages and make sure it
has the correct number of pages and their proper numbers.

All the items have to be answered within/our (4) hours. Since there are twenty (20) questions,
you have 12 minutes to answer each question, and 6 minutes to answer each sub-question.
You may write on the Questionnaire for notes relating to the questions.

Read each question very carefully and write your answers in your Bar Examination
Notebook in the same order the questions are posed. Write your answers only on the front of
every sheet in your Notebook. If not sufficient, then start with the back page of the first sheet
and thereafter. Note well the allocated percentage points for each number, question, or sub-
question. In your answers, use the numbering system in the questionnaire.

2. Answer the Essay questions legibly, clearly, and concisely. Start each number on a
separate page. An answer to a sub-question under the same number may be written
continuously on the same page and the immediately succeeding pages until completed.

Your answer should demonstrate your ability to analyze the facts, apply the pertinent laws and
jurisprudence, and arrive at a sound or logical conclusion. Always support your answer with
the pertinent laws, rules, jurisprudence, and the facts.

A mere "Yes" or "No" answer without any corresponding explanation or discussion will not be
given full credit. Thus, always briefly but fully explain your answers although the question does
not expressly ask for an explanation. Do not re-write or repeat the question in your Notebook.

3. Make sure you do not write your name or any extraneous note/s or distinctive markingls on
your Notebook that can serve as an identifying mark/s (such as names that are not in the
given questions, prayers, or private notes to the Examiner). Writing, leaving, or making any
distinguishing or identifying mark in the exam Notebook is considered cheating and can
disqualify you.

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE PRESBITERO J. VELASCO, JR.


Chairman
2016 Bar Examinations
I

Explain the application of the Indeterminate Sentence Law (ISL). (5%)

II

[a] Define malfeasance, misfeasance and nonfeasance. (2.5%)

[b] Differentiate wheel conspiracy and chain conspiracy. (2.5%)

III

Pedro is married to Tessie. Juan is the first cousin of Tessie. While in the market, Pedro saw a
man stabbing Juan. Seeing the attack on Juan, Pedro picked up a spade nearby and hit the
attacker on his head which caused the latter's death.

Can Pedro be absolved of the killing on the ground that it is in defense of a relative? Explain.
(5%)

IV

Jojo and Felipa are husband and wife. Believing that his work as a lawyer is sufficient to
provide for the needs of their family, Jojo convinced Felipa to be a stayat- home mom and
care for their children. One day, Jojo arrived home earlier than usual and caught Felipa in the
act of having sexual intercourse with their female nanny, Alma, in their matrimonial bed. In a fit
of rage, Jojo retrieved his revolver from inside the bedroom cabinet and shot Alma,
immediately killing her.

[a] Is Art. 247 (death or physical injuries inflicted under exceptional circumstances) of the
Revised Penal Code (RPC) applicable in this case given that the paramour was of the same
gender as the erring spouse? (2.5%)

[b] Is Felipa liable for adultery for having sexual relations with Alma? (2.5%)

Governor A was given the amount of PIO million by the Department of Agriculture for the
purpose of buying seedlings to be distributed to the farmers. Supposedly intending to
modernize the farming industry in his province, Governor A bought farm equipment through
direct purchase from XY Enterprise, owned by his kumpare B, the alleged exclusive distributor
of the said equipment. Upon inquiry, the Ombudsman discovered that B has a pending patent
application for the said farm equipment. Moreover, the equipment purchased turned out to be
overpriced. What crime or crimes, if any, were committed by Governor A? Explain. (5%)

VI

Ofelia, engaged in the purchase and sale of jewelry, was charged with violation of PD 1612,
otherwise known as the Anti-Fencing Law, for having been found in possession of recently
stolen jewelry valued at Pl 00,000.00 at her jewelry shop. Her defense is that she merely
bought the same from Antonia and produced a receipt covering the sale. She presented other
receipts given to her by Antonia representing previous transactions. Convicted of the charge,
Ofelia appealed, arguing that her acquisition of the jewelries resulted from a legal transaction
and that the prosecution failed to prove that she knew or should have known that the pieces of
jewelry which she bought from Antonia were proceeds of the crime of theft.

[a] What is a "fence" under PD 1612? (2.5%)

[b] Is Ofelia liable under the Anti-Fencing Law? Explain. (2.5%)

VII

Val, a Nigerian, set up a perfume business in the Philippines. The investors would buy the raw
materials at a low price from Val. The raw materials consisted of powders, which the investors
would mix with water and let stand until a gel was formed. Val made a written commitment to
the investors that he would buy back the gel at a higher price, thus assuring the investors of a
neat profit. When the amounts to be paid by Val to the investors reached millions of pesos, he
sold all the equipment of his perfume business, absconded with the money, and is nowhere to
be found. What crime or crimes were committed, if any? Explain. (5%)

VIII

Charges d'affaires Volvik of Latvia suffers from a psychotic disorder after he was almost
assassinated in his previous assignment. One day, while shopping in a mall, he saw a group
of shoppers whom he thought were the assassins who were out to kill him. He asked for the
gun of his escort and shot ten (10) people and wounded five (5) others before he was
subdued. The wounded persons required more than thirty (30) days of medical treatment.
What crime or crimes, if any, did he commit? Explain. (5%)

IX
A is the driver of B's Mercedes Benz car. When B was on a trip to Paris, A used the car for a
joy ride with C whom he is courting. Unfortunately, A met an accident. Upon his return, B
came to know about the unauthorized use of the car and sued A for qualified theft. B alleged
that A took and used the car with intent to gain as he derived some benefit or satisfaction from
its use. On the other hand, A argued that he has no intent of making himself the owner of the
car as he in fact returned it to the garage after the joy ride. What crime or crimes, if any, were
committed? Explain. (5%)

The Royal S.S. Maru, a vessel registered in Panama, was 300 nautical miles from Aparri,
Cagayan when its engines malfunctioned. The Captain ordered his men to drop anchor and
repair the ship. While the officers and crew were asleep, armed men boarded the vessel and
took away several crates containing valuable items and loaded them in their own motorboat.
Before the band left, they planted an explosive which they detonated from a safe distance.
The explosion damaged the hull of the ship, killed ten (10) crewmen, and injured fifteen (15)
others.

What crime or crimes, if any, were committed? Explain. (5%)

XI

Angelino, a Filipino, is a transgender who underwent gender reassignment and had implants
in different parts of her body. She changed her name to Angelina and was a finalist in the Miss
Gay International. She came back to the Philippines and while she was walking outside her
home, she was abducted by Max and Razzy who took her to a house in the province. She
was then placed in a room and Razzy forced her to have sex with him at knife's point. After
the act, it dawned upon Razzy that Angelina is actually a male. Incensed, Razzy called Max to
help him beat Angelina. The beatings that Angelina received eventually caused her death.
What crime or crimes, if any, were committed? Explain. (5%)

XII

Arnold, 25 years of age, was sitting on a bench in Luneta Park watching the statue of Jose
Rizal when, without his permission, Leilani, I 7 years of age, sat beside him and asked for
financial assistance, allegedly for payment of her tuition fee, in exchange for sex. While they
were conversing, police operatives arrested and charged him with violation of Section l 0 of
RA 76 I 0 (Special Protection of Children against Child Abuse, Exploitation and Discrimination
Act), accusing him of having in his company a minor, who is not related to him, in a public
place. It was established that Arnold was not in the performance of a social, moral and legal
duty at that time.

Is Arnold liable for the charge? Explain. (5%)

XIII

Domingo is the caretaker of two (2) cows and two (2) horses owned by Hannibal. Hannibal
told Domingo to lend the cows to Tristan on the condition that the latter will give a goat to the
former when the cows are returned. Instead, Tristan sold the cows and pocketed the money.
Due to the neglect of Domingo, one of the horses was stolen. Knowing that he will be blamed
for the loss, Domingo slaughtered the other horse, got the meat, and sold it to Pastor. He later
reported to Hannibal that the two horses were stolen.

[a] What crime or crimes, if any, did Tristan commit? Explain. (2.5%)

[b] What crime or crimes, if any, were committed by Domingo? Explain. (2.5%)

XIV

Dimas was arrested after a valid buy-bust operation. Macario, the policeman who acted as
poseur-buyer, inventoried and photographed ten (10) sachets of shabu in the presence of
a barangay tanod. The inventory was signed by Macario and the tanod, but Dimas refused to
sign. As Macario was stricken with flu the day after, he was able to surrender the sachets to
the PNP Crime Laboratory only after four (4) days. During pre-trial, the counsel de oficio of
Dimas stipulated that the substance contained in the sachets examined by the forensic
chemist is in fact methamphetamine hydrochloride or shabu. Dimas was convicted of violating
Section 5 of RA 9165. On appeal, Dimas questioned the admissibility of the evidence because
Macario failed to observe the requisite "chain of custody" of the alleged "shabu" seized from
him. On behalf of the State, the Solicitor General claimed that despite non-compliance with
some requirements, the prosecution was able to show that the integrity of the substance was
preserved. Moreover, even with some deviations from the requirements, the counsel of Dimas
stipulated that the substance seized from Dimas was shabu so that the conviction should be
affirmed.
[a] What is the "chain of custody" requirement in drug offenses? (2.5%)

[b] Rule on the contention of the State. (2.5%)

XV

Pedro, Pablito, Juan and Julio, all armed with bolos, robbed the house where Antonio, his
wife, and three (3) daughters were residing. While the four were ransacking Antonio's house,
Julio noticed that one of Antonio's daughters was trying to escape. He chased and caught up
with her at a thicket somewhat distant from the house, but before bringing her back, raped
her.

[a] What crime or crimes, if any, did Pedro, Pablito, Juan and Julio commit? Explain. (2.5%)

[b] Suppose, after the robbery, the four took turns in raping the three daughters inside the
house, and, to prevent identification, killed the whole family just before they left. What crime or
crimes, if any, did the four malefactors commit? (2.5%)

XVI

A is the president of the corporate publisher of the daily tabloid, Bulgar; B is the managing
editor; and C is the author/writer. In his column, Direct Hit, C wrote about X, the head
examiner of the BIR-RDO Manila as follows:

"Itong si X ay talagang BUWAYA kaya ang logo ng Lacoste T shirt niya ay napaka suwapang
na buwaya. Ang nickname niya ay si Atty. Buwaya. Ang PR niya ay 90% sa bayad ng
taxpayer at ang para sa RP ay 10% lang. Kaya ang baba ng collection ng RDO niya.
Masyadong magnanakaw si X at dapat tanggalin itong bundat na bundat na buwaya na ito at
napakalaki na ng kurakot."

A, B and C were charged with libel before the RTC of Manila. The three (3) defendants argued
that the article is within the ambit of qualified privileged communication; that there is no malice
in law and in fact; and, that defamatory comments on the acts of public officials which are
related to the discharge of their official duties do not constitute libel.

Was the crime of libel committed? If so, are A, B, and C all liable for the crime? Explain. (5%)

XVII
Braulio invited Lulu, his 11-year old stepdaughter, inside the master bedroom. He pulled out a
knife and threatened her with harm unless she submitted to his desires. He was touching her
chest and sex organ when his wife caught him in the act. The prosecutor is unsure whether to
charge Braulio for acts of lasciviousness under Art. 336 of the RPC; for lascivious conduct
under RA 7610 (Special Protection against Child Abuse, Exploitation and Discrimination Act);
or for rape under Art. 266-A of the RPC. What is the crime committed? Explain. (5%)

XVIII

Lina worked as a housemaid and yaya of the one-week old son of the spouses John and
Joana. When Lina learned that her 70-year old mother was seriously ill, she asked John for a
cash advance of P20,000.00, but the latter refused. In anger, Lina gagged the mouth of the
child with stockings, placed him in a box, sealed it with masking tape, and placed the box in
the attic. Lina then left the house and asked her friend Fely to demand a P20,000.00 ransom
for the release of the spouses' child to be paid within twenty-four hours. The spouses did not
pay the ransom. After a couple of days, John discovered the box in the attic with his child
already dead. According to the autopsy report, the child died of asphyxiation barely minutes
after the box was sealed.

What crime or crimes, if any, did Lina and Fely commit? Explain. (5%)

XIX

Romeo and Julia have been married for twelve (12) years and had two (2) children. The first
few years of their marriage went along smoothly. However, on the fifth year onwards, they
would often quarrel when Romeo comes home drunk. The quarrels became increasingly
violent, marked by quiet periods when Julia would leave the conjugal dwelling. During these
times of quiet, Romeo would "court" Julia with flowers and chocolate and convince her to
return home, telling her that he could not live without her; or Romeo would ask Julia to forgive
him, which she did, believing that if she humbled herself, Romeo would change. After a month
of marital bliss, Romeo would return to his drinking habit and the quarrel would start again,
verbally at first, until it would escalate to physical violence.

One night, Romeo came home drunk and went straight to bed. Fearing the onset of another
violent fight, Julia stabbed Romeo while he was asleep. A week later, their neighbors
discovered Romeo's rotting corpse on the marital bed. Julia and the children were nowhere to
be found. Julia was charged with parricide. She asserted "battered woman's syndrome" as her
defense.

[a] Explain the "cycle of violence." (2.5%)

[b] Is Julia's "battered woman's syndrome" defense meritorious? Explain. (2.5%)

XX

A, an OFW, worked in Kuwait for several years as a chief accountant, religiously sending to
his wife, B, 80% of all his earnings. After his stint abroad, he was shocked to know that B
became the paramour of a married man, C, and that all the monies he sent to B were given by
her to C. To avenge his honor, A hired X, Y and Z and told them to kidnap C and his wife, D,
so that he can inflict injuries on C to make him suffer, and humiliate him in front of his wife. X,
Y and Z were paid P20,000.00 each and were promised a reward of P50,000.00 each once
the job is done.

At midnight, A, with the fully armed X, Y and Z, forcibly opened the door and gained entrance
to the house of C and D. C put up a struggle before he was subdued by A's group. They
boarded C and D in a van and brought the two to a small hut in a farm outside Metro Manila.
Both hands of C and D were tied. With the help of X, Y and Z, A raped D in front of C. X, Y
and Z then took turns in raping D, and subjected C to torture until he was black and blue and
bleeding profusely from several stab wounds. A and his group set the hut on fire before
leaving, killing both C and D. X, Y and Z were paid their reward. Bothered by his conscience,
A surrendered the next day to the police, admitting the crimes he committed.

As the RTC judge, decide what crime or crimes were committed by A, X, Y and Z, and what
mitigating and aggravating circumstances will be applied in imposing the penalty. Explain.
(5%)

-END-

2017 BAR EXAMINATIONS


CRIMINAL LAW
November 19, 2017 2:00 P.M. - 6:00 P.M.

INSTRUCTIONS

1. This Questionnaire contains nine (9) pages. Check and make sure that your Questionnaire
has the correct number of pages. You may write on your Questionnaire as you answer the
questions.

Read each question very carefully and write your answers in your Bar Examination Notebook
in the same order of the questions. Answer the essay questions legibly, clearly, and concisely.
Write your answers only on the front of every page of your Notebook. If the front pages are not
sufficient, continue at the back of the first page and so on. Start every number on a separate
page, but an answer to a sub-question under the same number may be written continuously
on the same page and on the immediately succeeding pages until the answer is complete.
Follow the numbering sequence of the Questionnaire in your answers.

2. Your answers should demonstrate your ability to analyze the facts, apply the pertinent laws
and jurisprudence, and arrive at sound and logical conclusions. Answers must fully explain
even if the questions do not expressly require explanations. A "Yes" or "No"
answer sans explanation or discussion will not be given full credit.

3. Marking of your Notebook with your name or other identifying signs or symbols extraneous
to the subject matter of the questions may be considered as cheating and may disqualify you.

Good luck!

YOU CAN BRING HOME THE QUESTIONNAIRE.

JUSTICE LUCAS P. BERSAMIN


Chairman
2017 Bar Examinations

I.

Tonito, an 8-year-old boy, was watching a free concert at the Luneta Park with his father
Tony. The child stood on a chair to be able to see the performers on the stage. Juanito, a 10-
year-old boy, who was also watching the concert, could not see much of the performance on
the stage because Tonito was blocking his line of sight by standing on the chair. Using his
elbow, Juanito strongly shoved Tonito to get a good view of the stage. The shove caused
Tonito to fall to the ground. Seeing this, Tony struck Juanito on the head with his hand and
caused the boy to fall and to hit his head on a chair. Tony also wanted to strangle Juanito but
the latter's aunt prevented him from doing so. Juanito sustained a lacerated wound on the
head that required medical attendance for 10 days.

Tony was charged with child abuse in violation of Sec. 10(a), in relation to Sec. 3(b)(2), of
R.A. No. 7610 (Child Abuse Law) for allegedly doing an "act by deeds or words
which debases, degrades or demeans the intrinsic worth and dignity of a child as a human
being." In his defense, Tony contended that he had no intention to maltreat Juanito, much less
to degrade his intrinsic worth and dignity as a human being.

(a) Distinguish crimes mala in se from crimes mala prohibita. (3%)

(b) Was Tony criminally liable for child abuse under R.A. No. 7610? Explain your answer.
(3%)

II.

Sixteen year old Aliswan prodded Amethyst, his girlfriend, to remove her clothing while they
were secretly together in her bedroom late one evening. Failing to get a positive response
from her, he forcibly undressed her. Apprehensive about rousing the attention of the
household who did not know of his presence inside her room, she resisted him with minimal
strength, but she was really sobbing in a muffled manner. He then undressed himself while
blocking- the door. Yet, the image of a hapless and sobbing Amethyst soon brought him to his
senses, and impelled him to leave her room naked. He did not notice in his hurry that Amante,
the father of Amethyst, who was then sitting alone on a sofa in the sala, saw him leave his
daughter's room naked.

Outside the house, the now-clothed Aliswan spotted Allesso, Amethyst's former suitor.
Knowing how Allesso had aggressively pursued Amethyst, Aliswan fatally stabbed Allesso.
Aliswan immediately went into hiding afterwards.

Upon learning from Amethyst about what Aliswan had done to her, an enraged Amante
wanted to teach Aliswan a lesson he would never forget. Amante set out the next day to look
for Aliswan in his school. There, Amante found a young man who looked very much like
Aliswan. Amante immediately rushed and knocked the young man unconscious on the
pavement, and then draped his body with a prepared tarpaulin reading RAPIST AKO HUWAG
TULARAN. Everyone else in the school was shocked upon witnessing what had just
transpired, unable to believe that the timid and quiet Alisto, Aliswan's identical twin brother,
had committed rape.

(a) A criminal complaint for attempted rape with homicide was brought against Aliswan in the
Prosecutor's Office. However, after preliminary investigation, the Investigating Prosecutor
recommended the filing of two separate informations - one for attempted rape and the other
for homicide. Do you agree with the recommendation? Explain your answer. (3%)

(b) Before the trial court, Aliswan moved that the cases should be dismissed because he was
entitled to the exempting circumstance of minority. Is his motion correct? Explain your answer.
(3%)

(c) After receiving medical attendance for 10 days, Alisto consulted you about filing the proper
criminal complaint against Amante. What crimes, if any, will you charge Amante with? Explain
your answer. (3%)

(d) Answering the criminal complaint filed by Alisto, Amante contended that he had incurred
no criminal liability for lack of criminal intent on his part, his intended victim being Aliswan, not
Alisto. What is this defense of Amante, and explain if the same will prosper? (3%)

III.

Overjoyed by the award to his firm of a multi-billion government contract for the development
of an economic and tourism hub in the Province of Blank, Mr. Gangnam allotted the amount of
P100 Million to serve as gifts for certain persons instrumental in his firm's winning the award.
He gave 50% of that amount to Governor Datu, the official who had signed the contract with
the proper authorization from the Sangguniang Panlalawigan; 25% to Bokal Diva, the
Sangguniang Panlalawigan member who had lobbied for the award of the project in the
Sangguniang Panlalawigan; and 25% to Mayor Dolor of the Municipality where the project
would be implemented. Governor Datu received his share through his wife, Provincial First
Lady Dee, who then deposited the amount in her personal bank account.

Previously, upon facilitation by Bokal Diva, Mr. Gangnam concluded an agreement with Mayor
Dolor for the construction of the Blank Sports Arena worth ₱800 Million. The project was
highly overpriced because it could be undertaken and completed for not more than ₱400
Million. For this project, Mayor Dolor received from Mr. Gangnam a gift of ₱10 Million, while
Bokal Diva got ₱25 Million.

In both instances, Bokal Diva had her monetary gifts deposited in the name of her secretary,
Terry, who personally maintained a bank account for Bokal Diva's share in government
projects.

(a) May each of the above-named individuals be held liable for plunder? Explain your answer.
(4%)

(b) Define wheel conspiracy and chain conspiracy. Is either or both kinds existent herein?
Explain your answer. (4%)

(c) What provisions of R.A. No. 3019 (Anti-Graft & Corrupt Practices Act), if any, were violated
by any of the above-named individuals, specifying the persons liable therefor? Explain your
answer. (4%)

(d) What crimes under the Revised Penal Code, if any, were committed, specifying the
persons liable therefor? Explain your answer. (4%)

IV

Maita was the object of Solito's avid sexual desires. Solito had attempted many times to entice
Maita to a date in bed with him but Maita had consistently refused. Fed up with all her
rejections, Solito abducted Maita around 7 p.m. one night. With his cohorts, Solito forced
Maita into a Toyota lnnova and drove off with her to a green-painted house situated in a
desolate part of the town. There, Solito succeeded in having carnal knowledge of Maita
against her will.

Meanwhile, the police authorities were tipped off that at 11:30 p.m. on that same night Solito
would be selling marijuana outside the green-painted house. Acting on the tip, the PNP station
of the town formed a buy-bust team with PO2 Masahol being designated the poseur buyer.
During the buy-bust operation, Solito opened the trunk of the Toyota lnnova to retrieve the bag
of marijuana to be sold to PO2 Masahol. To cut the laces that he had tied the bag with, Solito
took out a Swiss knife, but his doing so prompted PO2 Masahol to effect his immediate arrest
out of fear that he would attack him with the knife. PO2 Masahol then confiscated the bag
of marijuana as well as the Toyota lnnova.
(a) Two informations were filed against Solito in the RTC - one for forcible abduction with
rape, raffled to Branch 8 of the RTC; the other for illegal sale of drugs, assigned to Branch 29
of the RTC. Was Solito charged with the proper offenses based on the circumstances?
Explain your answer. (5%)

(b) While the Prosecution was presenting its evidence in Branch 29, Branch 8 convicted
Solito. Immediately after the judgment of conviction was promulgated, Solito filed in both
Branches a motion for the release of the Toyota lnnova. He argued and proved that he had
only borrowed the vehicle from his brother, the registered owner. Branch 8 granted the motion
but Branch 29 denied it. Were the two courts correct in their rulings? Explain your answer.
(5%)

To aid in the rebuilding and revival of Tacloban City and the surrounding areas that had been
devastated by the strongest typhoon. to hit the country in decades, the Government and other
sectors, including NGOs, banded together in the effort. Among the NGOs was Ba..,gon
Waray, Inc. (BaWI), headed by Mr. Jose Ma. Gulang, its President and CEO. BaWI operated
mainly as a social amelioration and charitable institution. For its activities in the typhoon-
stricken parts of Leyte Province, BaWI received funds from all sources, local and foreign,
including substantial amounts from legislators, local government officials and the EU. After
several months, complaints were heard about the very slow distribution of relief goods and
needed social services by BaWI.

The COA reported the results of its audit to the effect that at least P10 Million worth of funds
coming from public sources channeled to BaWI were not yet properly accounted for. The COA
demanded reimbursement but BaWI did not respond.

Hence, Mr. Gulang was criminally charged in the Office of the Ombudsman with malversation
of public funds and failure of accountable officer to render accounts as respectively defined
and punished by Art. 217 and Art. 218 of the Revised Penal Code. He was also· charged with
violation of Sec. 3(e) of R.A. No. 3019 for causing undue injury to the Government.

In his defense, Mr. Gulang mainly contended that he could not be held 1iable under the
various· charges because he was not a public officer.

(a) Who is a public officer? (2%)


(b) Discuss whether the crimes charged against Mr. Gulang are proper. Explain your answer.
(3%)

VI

Answer with brief explanations the following queries:

(a) If the slightest penetration of the female genitalia consummates rape by carnal
knowledge, how does the accused commit attempted rape by carnal knowledge? (2%)

(b) What crime is committed by a capataz who enrolls two fictitious names in the payroll and
collects their supposed daily wages every payday? (2%)

(c) What is now the age of doli incapax in the Philippines? (2%)

(d) Why is there no crime of frustrated serious physical injuries? (2%)

VII

Bernardo was enraged by his conviction for robbery by Judge Samsonite despite insufficient
evidence. Pending his appeal, Bernardo escaped in order to get even with Judge Samsonite.
Bernardo learned that the judge regularly slept in his mistress' house every weekend. Thus,
he waited for the judge to arrive on Saturday evening at the house of his mistress. It was
about 8:00 p.m. when Bernardo entered the house of the mistress. He found the judge and his
mistress having coffee in the kitchen and engaging in small talk. Without warning, Bernardo
stabbed the judge at least 20 times. The judge instantly died.

Prosecuted and tried, Bernardo was convicted of direct assault with murder. Rule with
reasons whether or not the conviction for direct assault with murder was justified, and whether
or not the trial court should appreciate the following aggravating circumstances against
Bernardo, to wit: (1) disregard of rank and age of the victim, who was 68 years old; (2)
dwelling; (3) nighttime; (4) cruelty; and (5) quasi-recidivism. (10%)

VIII

Porthos made a sudden turn on a dark street, and his Rolls-Royce SUV bumped the rear of a
parked Cadillac Sedan inside which Aramis was then taking a nap. Angered by the violent
Impact, Aramis alighted and confronted Porthos who had also alighted. Aramis angrily and
repeatedly shouted at Porthos: Putang Ina mo! Porthos, displaying fearlessness, aggressively
shouted back at Aramis: Wag kang magtapang-tapangan dyan, papatayin kita! Without saying
anything more, Aramis drew his gun from his waist and shot Porthos in the leg. Porthos'
wound was not life threatening.

(a) What are the kinds of unlawful aggression, and which kind was displayed in this case?
Explain your answer. (3%)

(b) Standing trial for frustrated murder, Aramis pleaded self-defense. The Prosecution's
contention was that the plea of self-defense applied only to consummated killings. Rule, with
explanations, on the tenability of Aramis' claim of self-defense, and on the Prosecution's
contention. (3%)

(c) Porthos insisted that the element of treachery was present. To rule out treachery, Aramis
asserted that both he and Porthos were then facing and confronting each other when he fired
the shot. Rule, with reasons, on the respective contentions. (3%)

IX

During the nationwide transport strike to protest the phase out of old public utility vehicles,
striking jeepney drivers Percy, Pablo, Pater and Sencio, each armed with guns, hailed several
MMDA buses then providing free transport to the stranded public to stop them from plying
their routes. They later on commandeered one of the buses without allowing any of the
passengers to alight, and told the driver to bring the bus to Tanay, Rizal.

Upon reaching a remote area in Tanay, Percy, Pablo, Pater and Sencio forcibly divested the
passengers of their cash and valuables. They ordered the passengers to leave thereafter.
Then, they burned the bus. When a tanod of the barangay of the area came around to
Intervene, Pater fired at him, instantly killing him.

After Percy, Pablo, Pater and Sencio were arrested, the police authorities recommended them
to be charged with the following crimes, to wit: (1) carnapping; (2) robbery, (3) direct assault
with homicide; (4) kidnapping; and (5) arson.

State your legal opinion on the recommendation of the police authorities on the criminal
liabilities incurred by Percy, Pablo, Pater and Sencio. (10%)

X.

Sammy Peke was convicted of a violation of R.A. No. 123456 for selling fake books. The law
prescribes the penalty of prision correccional, a divisible penalty whose minimum period is six
months and one day to two years and four months; medium period is two years, four months
and one day to four years and two months; and maximum period is four years, two months
and one day to six years.

At arraignment, Sammy Peke pleads guilty to the crime charged.

(a) Explain how the Indeterminate Sentence Law is applied in crimes punished by special
laws. (3%)

(b) Supposing the trial judge imposes a straight penalty of imprisonment for one year, is the
penalty correct in the context of the Indeterminate Sentence Law? Explain your answer. (3%)

XI.

In his homily, Fr. Chris loudly denounced the many extrajudicial killings committed by the men
in uniform. Policeman Stone, then attending the mass, was peeved by the denunciations of Fr.
Chris. He immediately approached the priest during the homily, openly displayed his firearm
tucked in his waist, and menacingly uttered at the priest: Father, may kalalagyan kayo kung
hindi kayo tumigil. His brazenness terrified the priest, who cut short his homily then and there.
The celebration of the mass was disrupted, and the congregation left the church in disgust
over the actuations of Policeman Stone, a co-parishioner.

Policeman Stone was subsequently charged.

The Office of the Provincial Prosecutor is now about to resolve the case, and is mulling on
what to charge Policeman Stone with.

May Policeman Stone be properly charged with either or both of the following crimes, or, if
not, with what proper crime?

(a) Interruption of religious worship as defined and punished under Art. 132 of the Revised
Penal Code; and/or

(b) Offending the religious feelings as defined and punished under Art. 133 of the Revised
Penal Code.

Explain fully your answers. (8%)

-NOTHING FOLLOWS-
BAR EXAMINATION 2007
POLITICAL AND PUBLIC INTERNATIONAL LAW

2 September 2007 8 A.M. - 12 Noon

INSTRUCTIONS

This questionnaire consists of ten (10) numbers contained in eight (8) pages. Read each
question very carefully. Answer legibly, clearly, and concisely. Start each number on a
separate page; an answer to a sub-question under the same number may be written
continuously on the same page and immediately succeeding pages until completed. Do not
repeat the question. A mere "Yes" or "No" answer without any corresponding discussion will
not be given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!

Signed ADOLFO S. AZCUNA


Chairperson
2007 Bar Examination Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET


WARNING: NOT FOR SALE OR UNAUTHORIZED USE

POLITICAL AND PUBLIC INTERNATIONAL LAW

INSTRUCTION: YOU WILL BE GIVEN CREDIT FOR YOUR KNOWLEDGE OF LEGAL


DOCTRINE AND FOR THE QUALITY OF YOUR LEGAL REASONING.
-I-
(10 POINTS)

True or False. Briefly explain your answer.

a. For purposes of communication and instruction! the official languages of the


Philippines, until otherwise provided by law, are Filipino and English.

b. The 1987 Constitution has increased the scope of academic freedom recognized
under the previous Constitution.

- II -
(10 POINTS)

The City Mayor issues an Executive Order declaring that the city promotes responsible
parenthood and upholds natural family planning. He prohibits all hospitals operated by the city
from prescribing the use of artificial methods of contraception, including condoms, pills,
intrauterine devices and surgical sterilization. As a result, poor women in his city lost their
access to affordable family planning programs. Private clinics! however, continue to render
family planning counsel and devices to paying clients.

a. Is the Executive Order in any way constitutionally infirm? Explain.

b. Is the Philippines in breach of any obligation under international law? Explain.

c. May the Commission on Human Rights order the Mayor to stop the implementation of
the Executive Order? Explain.

- III -
(10 POINTS)

Lawrence is a Filipino computer expert based in Manila who invented a virus that destroys all
the files stored in a computer. Assume that in May 2005, this virus spread all over the world
and caused $50 million in damage to property in the United States, and that in June 2005, he
was criminally charged before United States courts under their anti-hacker law. Assume that
in July 2005, the Philippines adopted its own anti-hacker law, to strengthen existing sanctions
already provided against damage to property. The United States has requested the
Philippines to extradite him to US courts under the RP-US Extradition Treaty.
a. Is the Philippines under an obligation to extradite Lawrence? State the applicable rule
and its rationale.

b. Assume that the extradition request was made after the Philippines adopted its anti-
hacker legislation. Will that change your answer?

- IV -
(10 POINTS)

In 1993, historians confirmed that during World War II, "comfort women" were forced into
serving the Japanese military. These women were either abducted or lured by false promises
of jobs as cooks or waitresses, and eventually forced against their will to have sex with
Japanese soldiers on a daily basis during the course of the war, and often suffered from
severe beatings and venereal diseases. The Japanese government contends that the "comfort
stations" were run as "onsite military brothels" (or prostitution houses) by private operators,
and not by the Japanese military. There were many Filipina "comfort women."

a. Name at least one basic principle or norm of international humanitarian law that was
violated by the Japanese military in the treatment of the "comfort women."

b. The surviving Filipina "comfort women" demand that the Japanese government
apologize and pay them compensation. However, under the 1951 San Francisco
Peace Agreement -the legal instrument that ended the state of war between Japan
and the Allied Forces -all the injured states, including the Philippines, received war
reparations and, in return, waived all claims against Japan arising from the war. Is that
a valid defense?

c. The surviving Filipina "comfort women" sue the Japanese government for damages
before Philippine courts. Will that case prosper?

-V-
(10 POINTS)

The Destilleria Felipe Segundo is famous for its 15-year old rum, which it has produced and
marketed successfully for the past 70 years. Its latest commercial advertisement uses the line:
"Nakalikim ka na ba ng kinse anyos?" Very soon, activist groups promoting women's and
children's rights were up in arms against the advertisement.
a. All advertising companies in the Philippines have formed an association, the Philippine
Advertising Council, and have agreed to abide by all the ethicalguidelines and
decisions by the Council. In response to the protests, the Council orders the pull-out of
the "kinse anyos" advertising campaign. Can Destilleria Felipe Segundo claim that its
constitutional rights are thus infringed?

b. One of the militant groups, the Amazing Amazonas, call on all government-owned and
controlled corporations (GOCC) to boycott any newspaper, radio or TV station that
carries the "kinse anyos" advertisements. They call on all government nominees in
sequestered corporations to block any advertising funds allocated for any such
newspaper, radio or TV station. Can the GOCCs and sequestered corporations validly
comply?

- VI -
(10 POINTS)

True or False. Briefly explain your answer.

a. An amendment to the Constitution shall be valid upon a vote of three-fourths of all the
Members of the Congress.

b. All public officers and employees shall take an oath to uphold and defend the
Constitution .

- VII -
(10 POINTS)

Batas Pambansa 880, the Public Assembly Law of 1985, regulates the conduct of all protest
rallies in the Philippines.

a. Salakay, Bayan! held a protest rally and planned to march from Quezon City to Luneta
in Manila. They received a permit from the Mayor of Quezon City, but not from the
Mayor of Manila. They were able to march in Quezon City and up to the boundary
separating it from the City of Manila. Three meters after crossing the boundary, the
Manila Police stopped them for posing a danger to pubHc safety. Was this a valid
exercise of police power?
b. The security police of the Southern Luzon Expressway spotted a caravan of 20
vehicles, with paper banners taped on their sides and protesting graft and corruption in
government. They were driving at 50 kilometers per hour in a 40-90 kilometers per
hour zone. Some banners had been blown off by the wind, and posed a hazard to
other motorists. They were stopped by the security police. The protesters then
proceeded to march instead, sandwiched between the caravan vehicles. They were
also stopped by the security force. May the security police validly stop the vehicles and
the marchers?

- VIII -
(10 POINTS)

The Provincial Governor of Bataan requested the Department of Budget and Management
(DBM) to release its Internal Revenue Allocation (IRA) of P100 million for the current budget
year. However, the General Appropriations Act provided that the IRA may be released on Iy if
the province meets certain conditions as determined by an Oversight Council created by the
President.

a. Is this requirement valid?

b. The Provincial Governor is a party-mate of the President. May the Bataan


Representative instead file a petition to compel the DBM to release the funds?

- IX -
(10 POINTS)

The Department of Education (DepEd) requires that any school applying for a tuition fee
increase must, as a condition for the increase, offer full tuition scholarships to students from
low-income families. The Sagrada Familia Elementary School is a Catholic school and has
applied for a tuition fee increase. Under this regulation by the DepEd, it will end up giving
tuition scholarships to a total of 21 students next year. At a cost of P50,OOO per student, the
school will lose a total of P1.05 million for next year.

a. Is this DepEd requirement valid?


b. If instead the DepEd requires a full tuition scholarship for the highest ranking students
in each grade, determined solely on the basis of academic grades and rank, will the
DepEd requirement be valid?

-X-
(10 POINTS)

The Supreme Court has provided a formula for allocating seats for party-list representatives.

a. The twenty percent allocation - the combined number of all party-Iist congressmen
shall not exceed twenty percent of the total membership of the House of
Representatives, including those elected under the party list;

b. The two percent threshold - only those parties garnering a minimum of two percent of
the total valid votes cast for the party-list system are "qualified" to have a seat in the
House of Representatives;

c. The three-seat limit - each qualified party, regardless of the number of votes it actually
obtained, is entitled to a maximum of three seats; that is, one "qualifying" and two
additional seats; and

d. The first-party rule - additional seats which a qualified party is entitled to shall be
determined in relation to the total number of votes garnered by the party with the
highest number of votes.

For each of these rules, state the constitutional or legal basis, if any, and the purpose.

NOTHING FOLLOWS.

BAR EXAMINATION 2008


POLITICAL LAW

07 September 2008 8 A.M. - 12 Noon


INSTRUCTIONS

This questionaire consists of seventeen (17) numbers contained in eight (8) pages. Read
each question very carefully. Answer legibly, clearly and concisely.Start each number on a
separate page; an answer to a subquestion under the same number may be written
continuously on the same page and on the immediately succeeding pages until completed. Do
not repeat the question.

You will be given credit for your knowledge of legal doctrine and for the quality of your legal
reasoning. A mere "Yes" or "No" answer without any corresponding discussion will not be
given any credit.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!

Signed DANTE O. TINGA


Chairperson
2008 Bar Examinations Committee

PLEASE CHECK THE NUMBER OF PAGES IN THIS SET


WARNING: NOT FOR SALE OR UNAUTHORIZED USE

POLITICAL LAW

-I-

a. The legal yardstick in determining whether usage has become customary international
law is expressed in the maxim opinio juris sive necessitatis or opinio juris for short.
What does the maxim mean? (3%)

b. Under international law, differentiate "hard law" from "soft law".(3%)

- II -
May a treaty violate international law? If your answer is in the affirmative, explain when such
may happen. If your answer is in the negative, explain why. (5%)

- III -

The President alone without the concurrence of the Senate abrogated a treaty. Assume that
the other country-party to the treaty is agreeable to the abrogation provided it complies with
the Philippine Constitution. If a case involving the validity of the treaty abrogation is brought to
the Supreme Court, how should it be resolved? (6%)

- IV -

Congress passed a law authorizing the National Housing Authority (NHA) to expropriate or
acquire private property for the redevelopment of slum areas, as well as to lease or resell the
property to private developers to carry out the redevelopment plan. Pursuant to the law, the
NHA acquired all properties within a targeted badly blighted area in San Nicolas, Manila
except a well-maintained drug and convenience store that poses no blight or health problem
itself. Thereafter, NHA sold all the properties it has thus far acquired to a private realty
company for redevelopment. Thus, the NHA initiated expropriation proceedings against the
store owner who protested that his property could not be taken because it is not residential or
slum housing. He also contended that his property is being condemned for a private purpose,
not a public one, noting the NHA`s sale of the entire area except his property to a private
party. If you were the judge, how would you decide the case? (6%)

-V-

Having received tips the accused was selling narcotics, two police officers forced open the
door of his room. Finding him sitting partly dressed on the side of the bed, the officers spied
two capsules on a night stand beside the bed. When asked, " Are these yours?", the accused
seized the capsules and put them in his mouth. A struggle ensued, in the course of which the
officer pounced on the accused, took him to a hospital where at their direction, a doctor forced
an emetic solution though a tube into the accused's stomach against his will. This process
induced vomiting. In the vomited matter were found two capsules which proved to contain
heroin. In the criminal case, the chief evidence against the accused was the two capsules.

a. As counsel for the accused, what constitutional rights will you invoke in his defense?
(4%)
b. How should the court decide the case? (3%)

- VI -

The Philippine National Police (PNP) issued a circular to all its members directed at the style
and length of male police officers' hair, sideburns and moustaches, as well as the size of their
waistlines. It prohibits beards, goatees and waistlines over 38 inches, except for medical
reason. Some police officers questioned the validity of the circular, claiming that it violated
their right to liberty under the Constitution. Resolve the controversy. (6%)

- VII -

JC, a major in the Armed Forces of t\he Philippine, is facing prosecution before the Regional
Trial Court of Quezon City for the murder of his neighbor whom he suspected to have
molested his (JC's) 15-year old daughter.

a. Is JC entitled to bail? Why or why not? (3%)

b. Assume that upon being arraigned, JC entered a plea of guilty and was allowed to
present evidence to prove mitigating circumstances. JC then testified to the effect that
he stabbled the deceased in self-defense beacause the latter was strangling him and
that he voluntarily surrendered to the authorities. Subsequently, the trial court rendered
a decision acquittal violate JC's right against double jeopardy? Why or why noy? (3%)

- VIII -

ST, a Regional Trial Court judge who falsified his Certificate of Service, was found liable by
the Supreme Court for serious misconduct and inefficiency, and meted the penalty of
suspension form office for 6 months. Subsequently, ST filed a petition for executive clemency
with the Office of the President. The Executive Secretary, acting on said petition issued a
resolution granting ST executive clemency. Is the grant of executive clemency valid? Why or
why not? (6%)

- IX -

Abdul ran and won in the May 2001, 2004 and 2007 elections for Vice-Governor of Tawi-Tawi.
After being proclaimed Vice-Governor in the 2004 elections, his opponent, Khalil, filed an
election protest before the Commission on Election. Ruling with finalty on the protest, the
COMELEC declared Khalil as the duly elected Vice-Governor though the decision was
promulgated only in 2007, when Abdul had fully served his 2004-2007 term and was in fact
already on his 2007-2010 term as Vice Governor.

a. Abdul now consults you if the can still run for Vice-Governor of Tawi-Tawi in the
forthcoming May 2010 election on the premise that he could not be considered as
having served as Vice-Governor from 2004-2007 because he was not duly elected to
the post, as he assumed office merely as a presumptive winner and that presumption
was later overturned when COMELEC decided with finality that had lost in the May
2004 elections. What will be your advice? (3%)

b. Abdul also consults you whether his political party can validly nominate his wife as
subtitute candidate for Vice-Mayor of Tawi-Tawi in May 2010 elections in case the
COMELEC disqualifies him and denies due course to or cancels his certificate of
candidacy in view of a false material representation therein.What will be your advice?
(3%)

-X-

The 1st Legislative District of South Cotabato is composed of General Santos and three
municipalities including Polomolok. During the canvassing proceedings before the District
Board of Canvassers in connection with the 2007 congressional election, candidate MP
objected to the certificate pf canvass for Polomolok on the ground that it was obviously
manufactured, submitting as evidence the affidavit of a mayoralty candidate of Polomolok.
The certificate of canvass for General Santos was likewise objected to by MP on the basis of
the confirmed report of the local NAMFREL that 10 election returns from non-existent
precincts were included in the certificate. MP moved that the certificate of canvass for General
Santos be corrected to exclude the the result from the non-existent precincts. The District
Board of Canvassers denied both objections and ruled to include the certificate of canvass.
May MP appeal the rulings to the COMELEC? Explain. (6%)

- XI -

On August 8, 2008 the Governor of Bohol died and Vice-Governor Cesar succeeded him by
operation of law. Accordingly, Benito, the highest ranking member of the Sangguniang
Panlalawigan was elevated to the position of Vice-Governor. By the elevation of Benito to the
office of Vice-Governor, a vacancy in the Sangguniang Panlalawigan was created.
How should the vacancy be filed? (3%)

- XII -

The Mayor of San Jose City appointed his wife, Amelia, as City Treasurer from among tree (3)
employees pf the city considered for the said position. Prior to said promotion, Amelia had
been an Assistant City Treasurer for ten (10) years, that is, even before she married the City
Mayor. Should the Civil Service Commission approve the promotional appointment of Amelia?
Why or why not? (6%)

- XIII -

Congress enacted a law establishing the right to trial by jury of an accused charged with a
felony or offense punishable with reclusion perpetua or life imprisonment. The law provides for
the qualification of prospective jury member, the guidelines to be observed by the judge and
the lawyers in jury selection including the grounds for challenging the selection of jury
member, and t\he methodology for jury deliberations. Is the law constitutional? Explain fully.
(7%)

- XIV -

In 1963, congress passed a law creating a government-owned corporation named Manila War
Memorial Commission (MWMC), with the primary function of overseeing the construction of a
massive memorial in the heart of Manila to commemorate victim of the 1945 Battle of Manila

The MWMC charter provided an initial appropriation of P1,000,000, empowered the


corporation to raise funds in its own name, and set aside a parcel of land in Malate for the
memorial site. The charter set the corporate life of MWMC at 50 years with a proviso that
Congress may not abolish MWMC until after the completion of the memorial.

Forty-five (45) years later, the memorial was only 1/3 complete and the memorial site itself
had long been overrun by quatters. Congress enacted a law abolishing the MWMC and
requiring that the funds raised by it be remitted to the National Treasury. The MWMC
challenged the validity of the law, arguing that under its charter its mandate is to complete the
memorial no matter how long it takes. Decide with reason. (6%)

- XV -
The principal of Jaena High School, a public school wrote a letter to the parents and
guardians of all the school's pupils, informing them that the school was willing to provide
religious instruction to its Catholic students during class hours, through a Catholic priest.
However, students who wished to avail of such religious instruction needed to secure the
consent of their parents and guardians in writing.

a. Does the offer violate the constitutional prohibition againts the establishment of
religion? (3%)

b. the parents of evangelical Christian students, upon learning of the offer, demanded
that they too be entitled to have their children instructed in their own religious faith
during class hours. The principal, a devout Catholic, rejected the request. As counsel
for the parents of the evangelical students, how would you argue in support of their
position? (3%)

- XVI -

Nationwide protest have erupted over rising gas prices, including disruptive demonstrations in
many universities throughout the country. The Metro Manila State University, a public
university, adopted a university-wide circular prohibiting public mass demonstrations and
rallies within the campus. Offended by the circular,militant students spread word that on the
following Friday, all students were to wear black T-shirt as a symbols of their protest both
against high gas prices and the university ban on demonstrations. The effort was only
moderately successful, with around 30% of the students heeding the call. Nonetheless,
university officials were outraged and compelled the students leaders to explain why they
should not be expelled for violating the circular against demonstrations.

The student leaders approached you for legal advice. They contended that they should not be
expelled since they did not violate the circular, their protest action being neither a
demonstrator nor a rally since all they did was wear black T-shirts. What would you advise the
students? (6%)

- XVII -

As a reaction to the rice shortage and the dearth of mining engineers. Congress passed a law
requiring graduates of public science high school henceforth to take up agriculture or mining
engineering as their college course. Several students protested, invoking their freedom to
choose their profession. Is the law constitutional? (6%)

NOTHING FOLLOWS.

2009 BAR EXAMINATION


POLITICAL AND PUBLIC INTERNATIONAL LAW

06 September 2009 8 A.M. - 12 NN

INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with ten (10) questions (numbered I to X),
contained in seven (7) pages; and Part II with eight (8) questions (numbered XI-XVIII),
contained in six (6) pages, for a total number of thirteen (13) pages.

Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.

Begin your answer to each numbered question on a separate page; an answer to a


subquestion under the same number may be written continuously on the same page and
succeeding pages until completed.

Answer the question directly and concisely. Do not repeat the question. Write legibly

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE

GOOD LUCK!!!

____________________________________
ANTONIO EDUARDO B. NACHURA
Chairperson
2009 Bar Examinations Committee
PLEASE CHECK THAT THIS SET CONTAINS FOURTEEN (14) PAGES (INCLUDING THIS
PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

POLITICAL LAW

PART I

TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences. (5%)

a. A law making "Bayan Ko" the new national anthem of the Philippines, in lieu of
"Lupang Hinirang," is constitutional.

b. Under the archipelago doctrine, the waters around, between, and connecting the
islands of the archipelago form part of the territorial sea of the archipelagic state.

c. A law that makes military service for women merely voluntary is constitutional.

d. A law fixing the passing grade in the Bar examinations at 70%, with no grade lower
than 40% in any subject, is constitutional.

e. An educational institution 100% foreign-owned may be validly established in the


Philippines.

II

Despite lingering questions about his Filipino citizenship and his one-year residence in the
district, Gabriel filed his certificate of candidacy for congressman before the deadline set by
law. His opponent, Vito, hires you as lawyer to contest Gabriel's candidacy.
a. Before election day, what action or actions will you institute against Gabriel, and before
which court, commission or tribunal will you file such action/s? Reasons. (2%)

b. If, during the pendency of such action/s but before election day, Gabriel withdraws his
certificate of candidacy, can he be substituted as candidate? If so, by whom and why?
If not, why not? (2%)

c. If the action/s instituted should be dismissed with finality before the election, and
Gabriel assumes office after being proclaimed the winner in the election, can the issue
of his candidacy and/or citizenship and residence still be questioned? If so, what action
or actions may be filed and where? If not, why not? (2%)

III

The Municipality of Bulalakaw, Leyte, passed Ordinance No. 1234, authorizing the
expropriation of two parcels of land situated in the poblacion as the site of a freedom park,
and appropriating the funds needed therefor. Upon review, the |Sangguniang Panlalawigan of
Leyte disapproved the ordinance because the municipality has an existing freedom park
which, though smaller in size, is still suitable for the purpose, and to pursue expropriation
would be needless expenditure of the people's money. Is the disapproval of the ordinance
correct? Explain your answer. (2%)

IV

The Municipality of Pinatukdao is sued for damages arising from injuries sustained by a
pedestrian who was hit by a glass pane that fell from a dilapidated window frame of the
municipal hall. The municipality files a motion to dismiss the complaint, invoking state
immunity from suit. Resolve the motion with reasons. (3%)

To address the pervasive problem of gambling, Congress is considering the following options:
(1) prohibit all forms of gambling; (2) allow gambling only on Sundays; (3) allow gambling only
in government-owned casinos; and (4) remove all prohibitions against gambling but impose a
tax equivalent to 30% on all winnings.
a. If Congress chooses the first option and passes the corresponding law absolutely
prohibiting all forms of gambling, can the law be validly attacked on the ground that it is
an invalid exercise of police power? Explain your answer. (2%)

b. If Congress chooses the last option and passes the corresponding law imposing a
30% tax on all winnings and prizes won from gambling, would the law comply with the
constitutional limitations on the exercise of the power of taxation? Explain your
answer. (2%)

VI

In a criminal prosecution for murder, the prosecution presented, as witness, an employee of


the Manila Hotel who produced in court a videotape recording showing the heated exchange
between the accused and the victim that took place at the lobby of the hotel barely 30 minutes
before the killing. The accused objects to the admission of the videotape recording on the
ground that it was taken without his knowledge or consent, in violation of his right to privacy
and the Anti-Wire Tapping law. Resolve the objection with reasons. (3%)

VII

Crack agents of the Manila Police Anti-Narcotics Unit were on surveillance of a cemetery
where the sale and use of prohibited drugs were rumored to be rampant. The team saw a man
with reddish and glassy eyes walking unsteadily towards them, but he immediately veered
away upon seeing the policemen. The team approached the man, introduced themselves as
peace officers, then asked what he had in his clenched fist. Because the man refused to
answer, a policeman pried the fist open and saw a plastic sachet filled with crystalline
substance. The team then took the man into custody and submitted the contents of the sachet
to forensic examination. The crystalline substance in the sachet turned out to be shabu. The
man was accordingly charged in court.

During the trial, the accused:

a. challenged the validity of his arrest; (2%) and

b. objected to the admission in evidence of the prohibited drug, claiming that it was
obtained in an illegal search and seizure. (2%)

Decide with reasons.


VIII

Congressman Nonoy delivered a privilege speech charging the Intercontinental Universal


Bank (IUB) with the sale of unregistered foreign securities, in violation of R.A. 8799. He then
filed, and the House of Representatives unanimously approved, a Resolution directing the
House Committee on Good Government (HCGG) to conduct an inquiry on the matter, in aid of
legislation, in order to prevent the recurrence of any similar fraudulent activity.

The HCGG immediately scheduled a hearing and invited the responsible officials of IUB, the
Chairman and Commissioners of the Securities and Exchange Commission (SEC), and the
Governor of the Bangko Sentral ng Pilipinas (BSP). On the date set for the hearing, only the
SEC Commissioners appeared, prompting Congressman Nonoy to move for the issuance of
the appropriate subpoena ad testificandum to compel the attendance of the invited resource
persons.

The IUB officials filed suit to prohibit HCGG from proceeding with the inquiry and to quash
the subpoena, raising the following arguments:

a. The subject of the legislative investigation is also the subject of criminal and civil
actions pending before the courts and the prosecutor's office; thus, the legislative
inquiry would preempt judicial action; (3%) and

b. Compelling the IUB officials, who are also respondents in the criminal and civil cases
in court, to testify at the inquiry would violate their constitutional right against self-
incrimination. (3%)

Are the foregoing arguments tenable? Reasons.

c. May the Governor of the BSP validly invoke executive privilege and, thus, refuse to
attend the legislative inquiry? Why or why not? (3%)

IX

Warlito, a natural-born Filipino, took up permanent residence in the United States, and
eventually acquired American citizenship. He then married Shirley, an American, and sired
three children. In August 2009, Warlito decided to visit the Philippines with his wife and
children: Johnny, 23 years of age; Warlito, Jr., 20; and Luisa, 17.
While in the Philippines, a friend informed him that he could reacquire Philippine citizenship
without necessarily losing U.S. nationality. Thus, he took the oath of allegiance required under
R.A. 9225.

a. Having reacquired Philippine citizenship, is Warlito a natural-born or a naturalized


Filipino citizen today? Explain your answer. (3%)

b. With Warlito having regained Philippine citizenship, will Shirley also become a Filipino
citizen? If so, why? If not, what would be the most speedy procedure for Shirley to
acquire Philippine citizenship? Explain. (3%)

c. Do the children --- Johnny, Warlito Jr., and Luisa --- become Filipino citizens with their
father's reacquisition of Philippine citizenship? Explain your answer. (3%)

Maximino, an employee of the Department of Education, is administratively charged with


dishonesty and gross misconduct. During the formal investigation of the charges, the
Secretary of Education preventively suspended him for a period of sixty (60) days. On the
60th day of the preventive suspension, the Secretary rendered a verdict, finding Maximino
guilty, and ordered his immediate dismissal from the service.

Maximino appealed to the Civil Service Commission (CSC), which affirmed the Secretary's
decision. Maximino then elevated the matter to the Court of Appeals (CA). The CA reversed
the CSC decision, exonerating Maximino. The Secretary of Education then petitions the
Supreme Court (SC) for the review of the CA decision.

a. Is the Secretary of Education a proper party to seek the review of the CA decision
exonerating Maximino? Reasons. (2%)

b. If the SC affirms the CA decision, is Maximino entitled to recover back salaries


corresponding to the entire period he was out of the service? Explain your
answer. (3%)

PART II

XI
TRUE or FALSE. Answer TRUE if the statement is true, or FALSE if the statement is false.
Explain your answer in not more than two (2) sentences. (5%)

a. Aliens are absolutely prohibited from owning private lands in the Philippines.

b. A de facto public officer is, by right, entitled to receive the salaries and emoluments
attached to the public office he holds.

c. The President exercises the power of control over all executive departments and
agencies, including government-owned or controlled corporations.

d. Decisions of the Ombudsman imposing penalties in administrative disciplinary cases


are merely recommendatory.

e. Dual citizenship is not the same as dual allegiance.

XII

William, a private American citizen, a university graduate and frequent visitor to the
Philippines, was inside the U.S. embassy when he got into a heated argument with a private
Filipino citizen. Then, in front of many shocked witnesses, he killed the person he was arguing
with. The police came, and brought him to the nearest police station. Upon reaching the
station, the police investigator, in halting English, informed William of his Miranda rights, and
assigned him an independent local counsel. William refused the services of the lawyer, and
insisted that he be assisted by a Filipino lawyer currently based in the U.S. The request was
denied, and the counsel assigned by the police stayed for the duration of the investigation.

William protested his arrest.

a. He argued that since the incident took place inside the U.S. embassy, Philippine courts
have no jurisdiction because the U.S. embassy grounds are not part of Philippine
territory; thus, technically, no crime under Philippine law was committed. Is William
correct? Explain your answer. (3%)

b. He also claimed that his Miranda rights were violated because he was not given the
lawyer of his choice; that being an American, he should have been informed of his
rights in proper English; and that he should have been informed of his rights as soon
as he was taken into custody, not when he was already at the police station. Was
William denied his Miranda rights? Why or why not? (3%)
c. If William applies for bail, claiming that he is entitled thereto under the "international
standard of justice" and that he comes from a U.S. State that has outlawed capital
punishment, should William be granted bail as a matter of right? Reasons. (3%)

XIII

A terrorist group called the Emerald Brigade is based in the State of Asyaland. The
government of Asyaland does not support the terrorist group, but being a poor country, is
powerless to stop it.

The Emerald Brigade launched an attack on the Philippines, firing two missiles that killed
thousands of Filipinos. It then warned that more attacks were forthcoming. Through diplomatic
channels, the Philippines demanded that Asyaland stop the Emerald Brigade; otherwise, it will
do whatever is necessary to defend itself.

Receiving reliable intelligence reports of another imminent attack by the Emerald Brigade, and
it appearing that Asyaland was incapable of preventing the assault, the Philippines sent a
crack commando team to Asyaland. The team stayed only for a few hours in Asyaland,
succeeded in killing the leaders and most of the members of the Emerald Brigade, then
immediately returned to the Philippines.

a. Was the Philippine action justified under the international law principle of "self-
defense"? Explain your answer. (3%)

b. As a consequence of the foregoing incident, Asyaland charges the Philippines with


violation of Article 2.4 of the United Nations Charter that prohibits "the threat or use of
force against the territorial integrity or political independence of any State." The
Philippines counters that its commando team neither took any territory nor interfered in
the political processes of Asyaland. Which contention is correct? Reasons. (3%)

c. Assume that the commando team captured a member of the Emerald Brigade and
brought him back to the Philippines. The Philippine Government insists that a special
international tribunal should try the terrorist. On the other hand, the terrorist argues
that terrorism is not an international crime and, therefore, the municipal laws of the
Philippines, which recognize access of the accused to constitutional rights, should
apply. Decide with reasons. (3%)
XIV

The Philippine Government is negotiating a new security treaty with the United States which
could involve engagement in joint military operations of the two countries' armed forces. A
loose organization of Filipinos, the Kabataan at Matatandang Makabansa (KMM) wrote the
Department of Foreign Affairs (DFA) and the Department of National Defense (DND)
demanding disclosure of the details of the negotiations, as well as copies of the minutes of the
meetings. The DFA and the DND refused, contending that premature disclosure of the offers
and counter-offers between the parties could jeopardize on-going negotiations with another
country. KMM filed suit to compel disclosure of the negotiation details, and be granted access
to the records of the meetings, invoking the constitutional right of the people to information on
matters of public concern.

a. Decide with reasons. (3%)

b. Will your answer be the same if the information sought by KMM pertains to contracts
entered into by the Government in its proprietary or commercial capacity? Why or why
not? (3%)

XV

The KKK Television Network (KKK-TV) aired the documentary, "Case Law: How the Supreme
Court Decides," without obtaining the necessary permit required by P.D. 1986. Consequently,
the Movie and Television Review and Classification Board (MTRCB) suspended the airing of
KKK-TV programs. MTRCB declared that under P.D. 1986, it has the power of prior review
over all television programs, except "newsreels" and programs "by the Government", and the
subject documentary does not fall under either of these two classes. The suspension order
was ostensibly based on Memorandum Circular No. 98-17 which grants MTRCB the authority
to issue such an order.

KKK-TV filed a certiorari petition in court, raising the following issues:

a. The act of MTRCB constitutes "prior restraint" and violates the constitutionally
guaranteed freedom of expression; (3%) and
b. While Memorandum Circular No. 98-17 was issued and published in a newspaper of
general circulation, a copy thereof was never filed with the Office of the National
Register of the University of the Philippines Law Center. (2%)

Resolve the foregoing issues, with reasons.

XVI

a. Angelina, a married woman, is a Division Chief in the Department of Science and


Technology. She had been living with a married man, not her husband, for the last
fifteen (15) years. Administratively charged with immorality and conduct prejudicial to
the best interest of the service, she admits her live-in arrangement, but maintains that
this conjugal understanding is in conformity with their religious beliefs. As members of
the religious sect, Yahweh's Observers, they had executed a Declaration of Pledging
Faithfulness which has been confirmed and blessed by their Council of Elders. At the
formal investigation of the administrative case, the Grand Elder of the sect affirmed
Angelina's testimony and attested to the sincerity of Angelina and her partner in the
profession of their faith. If you were to judge this case, will you exonerate Angelina?
Reasons. (3%)

b. Meanwhile, Jenny, also a member of Yahweh's Observers, was severely disappointed


at the manner the Grand Elder validated what she considered was an obviously
immoral conjugal arrangement between Angelina and her partner. Jenny filed suit in
court, seeking the removal of the Grand Elder from the religious sect on the ground
that his act in supporting Angelina not only ruined the reputation of their religion, but
also violated the constitutional policy upholding the sanctity of marriage and the
solidarity of the family. Will Jenny's case prosper? Explain your answer. (2%)

XVII

Filipinas Computer Corporation (FCC), a local manufacturer of computers and computer parts,
owns a sprawling plant in a 5,000-square meter lot in Pasig City. To remedy the city's acute
housing shortage, compounded by a burgeoning population, the Sangguniang
Panglungsod authorized the City Mayor to negotiate for the purchase of the lot.
The Sanggunian intends to subdivide the property into small residential lots to be distributed
at cost to qualified city residents. But FCC refused to sell the lot. Hard pressed to find a
suitable property to house its homeless residents, the City filed a complaint for eminent
domain against FCC.

a. If FCC hires you as lawyer, what defense or defenses would you set up in order to
resist the expropriation of the property? Explain. (5%)

b. If the Court grants the City's prayer for expropriation, but the City delays payment of
the amount determined by the court as just compensation, can FCC recover the
property from Pasig City? Explain. (2%)

c. Suppose the expropriation succeeds, but the City decides to abandon its plan to
subdivide the property for residential purposes having found a much bigger lot, can
FCC legally demand that it be allowed to repurchase the property from the City of
Pasig? Why or why not? (2%)

XVIII

What are the essential elements of a valid petition for a people's initiative to amend the 1987
Constitution? Discuss. (2%)

-NOTHING FOLLOWS-

BAR EXAMINATION 2010


POLITICAL AND PUBLIC INTERNATIONAL LAW

05 September 2010 8 A.M. - 12 NN.

INSTRUCTIONS

This questionnaire is in TWO (2) PARTS: Part I with sixteen (16) questions (numbered I to
XVI), contained in eight (8) pages; and Part II with eleven (11) questions (numbered XVII to
XXVII), contained in four (4) pages, for a total number of twelve (12) pages.

Write your answers to Part I and Part II in the corresponding portions indicated in the booklet.
Begin your answer to each numbered question on a separate page; an answer to a
subquestion under the same number may be written continuously on the same page and
succeeding pages until completed.

Answer the question directly and concisely. Do not repeat the question. Write legibly.

HAND IN YOUR NOTEBOOK WITH THIS QUESTIONNAIRE.

GOOD LUCK!

_____________________________________
CONCHITA CARPIO MORALES
CHAIRPERSON
2010 BAR EXAMINATIONS COMMITTEE

PLEASE CHECK THAT THIS SET CONTAINS TWELVE (12)PAGES (INCLUDING THIS
PAGE).

WARNING: NOT FOR SALE OR UNAUTHORIZED USE

POLITICAL AND PUBLIC INTERNATIONAL LAW

PART I

The dictatorial regime of President A of the Republic of Gordon was toppled by a combined
force led by Gen. Abe, former royal guards and the secessionist Gordon People’s Army. The
new government constituted a Truth and Reconciliation Commission to look into the serious
crimes committed under President A’s regime. After the hearings, the Commission
recommended that an amnesty law be passed to cover even those involved in mass killings of
members of indigenous groups who opposed President A. International human rights groups
argued that the proposed amnesty law is contrary to international law. Decide with reasons.
(4%)
II

Compare and contrast the jurisdiction of the International Criminal Court and International
Court of Justice. (3%)

III

A, a British photojournalist, was covering the violent protests of the Thai Red-Shirts Movement
in Bangkok. Despite warnings given by the Thai Prime Minister to foreigners, specially
journalists, A moved around the Thai capital. In the course of his coverage, he was killed with
a stray bullet which was later identified as having come from the ranks of the Red-Shirts. The
wife of A sought relief from Thai authorities but was refused assistance.

a. Is there state responsibility on the part of Thailand? (2%)

b. What is the appropriate remedy available to the victim’s family under international law?
(3%)

IV

Choose the statement which appropriately completes the opening phrase:

“A State which resorts to retorsion in international law

a. must ensure that all states consent to its act.

b. cannot curtail migration from the offending state.

c. can expel the nationals of the offending state.

d. should apply proportionate response within appreciable limit.

e. None of the above.

Explain your answer. (2%)

Congresswoman A is a co-owner of an industrial estate in Sta. Rosa, Laguna which she had
declared in her Statement of Assets and Liabilities. A member of her political party authored a
bill which would provide a 5-year development plan for all industrial estates in the Southern
Tagalog Region to attract investors. The plan included an appropriation of 2 billion pesos for
construction of roads around the estates. When the bill finally became law, a civil society
watchdog questioned the constitutionality of the law as it obviously benefitted
Congresswoman A’s industrial estate. Decide with reasons. (3%)

VI

The “Poverty Alleviation and Assistance Act” was passed to enhance the capacity of the most
marginalized families nationwide. A financial assistance scheme called “conditional cash
transfers” was initially funded 500 million pesos by Congress. One of the provisions of the law
gave the Joint-Congressional Oversight Committee authority to screen the list of beneficiary
families initially determined by the Secretary of Department of Social Welfare and
Development pursuant to the Department implementing rules. Mang Pandoy, a resident of
Smokey Mountain in Tondo, questioned the authority of the Committee.

a. Does Mang Pandoy have legal standing to question the law?(2%)

b. Is the grant of authority to the Oversight Committee to screen beneficiaries


constitutional? (3%)

Decide with reasons.

VII

True or False.

a. A proclamation of a state of emergency is sufficient to allow the President to take over


any public utility. (0.5%)

b. A treaty which provides tax exemption needs no concurrence by a majority of all the
Members of the Congress. (0.5%)

VIII

Distinguish “presidential communications privilege” from “deliberative process privilege.” (3%)

IX

The League of Filipino Political Scientists (LFPS) organized an international conference on the
human rights situation in Myanmar at the Central Luzon State University (CLSU). An exiled
Myanmar professor Sung Kui, critical of the military government in Myanmar, was invited as
keynote speaker. The Secretary of Foreign Affairs informed the President of the regional and
national security implications of having Prof. Kui address the conference. The President
thereupon instructed the immigration authorities to prevent the entry of Prof. Kui into
Philippine territory. The chancellor of CLSU argued that the instruction violates the
Constitution. Decide with reasons. (4%)

A, the wife of an alleged victim of enforced disappearance, applied for the issuance of a Writ
of Amparo before a Regional Trial Court in Tarlac. Upon motion of A, the court issued
inspection and production orders addressed to the AFP Chief of Staff to allow entry at Camp
Aquino and permit the copying of relevant documents, including the list of detainees, if any.
Accompanied by court-designated Commission on Human Rights (CHR) lawyers, A took
photographs of a suspected isolation cell where her husband was allegedly seen being held
for three days and tortured before he finally disappeared. The CHR lawyers requested one Lt.
Valdez for a photocopy of the master plan of Camp Aquino and to confirm in writing that he
had custody of the master plan. Lt. Valdez objected on the ground that it may violate his right
against self-incrimination. Decide with reasons. (4%)

XI

Which statement best completes the following phrase: (1%)

“Freedom from torture is a right

a. subject to derogation when national security is threatened.”

b. confined only during custodial investigation.”

c. which is non-derogable both during peacetime and in a situation of armed conflict.”

d. both (a) and (b)

e. none of the above.

XII

A witnessed two hooded men with baseball bats enter the house of their next door neighbor B.
After a few seconds, he heard B shouting, “Huwag Pilo babayaran kita agad.” Then A saw the
two hooded men hitting B until the latter fell lifeless. The assailants escaped using a yellow
motorcycle with a fireball sticker on it toward the direction of an exclusive village nearby. A
reported the incident to PO1 Nuval. The following day, PO1 Nuval saw the motorcycle parked
in the garage of a house at Sta. Ines Street inside the exclusive village. He inquired with the
caretaker as to who owned the motorcycle. The caretaker named the brothers Pilo and
Ramon Maradona who were then outside the country. PO1 Nuval insisted on getting inside
the garage. Out of fear, the caretaker allowed him. PO1 Nuval took 2 ski masks and 2 bats
beside the motorcycle. Was the search valid? What about the seizure? Decide with reasons.
(4%)

XIII

True or False.

a. A valid and definite offer to buy a property is a pre-requisite to expropriation initiated by


a local government unit. (0.5%)

b. Re-classification of land by a local government unit may be done through a resolution.


(0.5%)

c. Boundary disputes between and among municipalities in the same province may be
filed immediately with the Regional Trial Court. (0.5%)

d. The Metropolitan Manila Development Authority is authorized to confiscate a driver’s


license in the enforcement of traffic regulations. (0.5%)

XIV

ABC operates an industrial waste processing plant within Laoag City. Occasionally, whenever
fluid substances are released through a nearby creek, obnoxious odor is emitted causing
dizziness among residents in Barangay La Paz. On complaint of the Punong Barangay, the
City Mayor wrote ABC demanding that it abate the nuisance. This was ignored. An invitation
to attend a hearing called by the Sangguniang Panlungsod was also declined by the president
of ABC. The city government thereupon issued a cease and desist order to stop the
operations of the plant, prompting ABC to file a petition for injunction before the Regional Trial
Court, arguing that the city government did not have any power to abate the alleged nuisance.
Decide with reasons. (3%)

XV

True or False.
a. A person who occupies an office that is defectively created is a de facto officer. (0.5%)

b. The rule on nepotism does not apply to designations made in favor of a relative of the
authority making a designation. (0.5%)

c. A discretionary duty of a public officer is never delegable. (0.5%)

d. Acquisition of civil service eligibility during tenure of a temporary appointee does not
automatically translate to a permanent appointment. (0.5%)

XVI

Rudy Domingo, 38 years old, natural-born Filipino and a resident of the Philippines since birth,
is a Manila-based entrepreneur who runs KABAKA, a coalition of peoples’ organizations from
fisherfolk communities. KABAKA’s operations consist of empowering fisherfolk leaders
through livelihood projects and trainings on good governance. The Dutch Foundation for
Global Initiatives, a private organization registered in The Netherlands, receives a huge
subsidy from the Dutch Foreign Ministry, which, in turn is allocated worldwide to the
Foundation’s partners like KABAKA. Rudy seeks to register KABAKA as a party-list with
himself as a nominee of the coalition. Will KABAKA and Rudy be qualified as a party-list and a
nominee, respectively? Decide with reasons. (4%)

PART II

XVII

During his campaign sortie in Barangay Salamanca, Mayor Galicia was arrested at a PNP
checkpoint for carrying highpowered firearms in his car. He was charged and convicted for
violation of the COMELEC gun ban. He did not appeal his conviction and instead applied for
executive clemency. Acting on the favorable recommendation of the Board of Pardons and
Parole, the President granted him pardon. Is he eligible to run again for an elective position?
Explain briefly. (5%)

XVIII

The House Committee on Appropriations conducted an inquiry in aid of legislation into alleged
irregular and anomalous disbursements of the Countrywide Development Fund (CDF) and
Congressional Initiative Allocation (CIA) of Congressmen as exposed by X, a Division Chief of
the Department of Budget and Management (DBM). Implicated in the questionable
disbursements are high officials of the Palace. The House Committee summoned X and the
DBM Secretary to appear and testify. X refused to appear, while the Secretary appeared but
refused to testify invoking executive privilege.

a. May X be compelled to appear and testify? If yes, what sanction may be imposed on
him? (2%)

b. Is the Budget Secretary shielded by executive privilege from responding to the


inquiries of the House Committee? Explain briefly. If the answer is no, is there any
sanction that may be imposed upon him? (3%)

XIX

To instill religious awareness in the students of Doña Trinidad High School, a public school in
Bulacan, the Parent- Teacher’s Association of the school contributed funds for the
construction of a grotto and a chapel where ecumenical religious services and seminars are
being held after school hours. The use of the school grounds for these purposes was
questioned by a parent who does not belong to any religious group. As his complaint was not
addressed by the school officials, he filed an administrative complaint against the principal
before the DECS. Is the principal liable? Explain briefly. (5%)

XX

Define/explain the following:

a. Doctrine of operative facts (1%)

b. De facto municipal corporation (1%)

c. Municipal corporation by estoppel (1%)

d. Doctrine of necessary implication (1%)

e. Principle of holdover (1%)

XXI

The Sangguniang Panlungsod of Pasay City passed an ordinance requiring all disco pub
owners to have all their hospitality girls tested for the AIDS virus. Both disco pub owners and
the hospitality girls assailed the validity of the ordinance for being violative of their
constitutional rights to privacy and to freely choose a calling or business. Is the ordinance
valid? Explain. (5%)

XXII

Governor Diy was serving his third term when he lost his governorship in a recall election.

a. Who shall succeed Governor Diy in his office as Governor? (1%)

b. Can Governor Diy run again as governor in the next election? (2%)

c. Can Governor Diy refuse to run in the recall election and instead resign from his
position as governor? (2%)

XXIII

A was a career Ambassador when he accepted an ad interim appointment as Cabinet


Member. The Commission on Appointments bypassed his ad interim appointment, however,
and he was not re-appointed. Can he re-assume his position as career Ambassador? (5%)

XXIV

Compare and contrast “overbreadth doctrine” from “void-forvagueness” doctrine. (5%)

XXV

a. What is the rotational scheme of appointments in the COMELEC? (2%)

b. What are the two conditions for its workability? (2%)

c. To what other constitutional offices does the rotational scheme of appointments apply?
(2%)

XXVI

Distinguish between “pocket veto” and “item veto.” (2%)

XXVII

What is the concept of association under international law? (2%)

NOTHING FOLLOWS.
Bar Examination Questionnaire for Political Law
Set A

(1) Filipino citizenship may be acquired through judicial naturalization only by an alien

(A) born, raised, and educated in the Philippines who has all the qualifications and none of the
disqualifications to become a Filipino citizen.

(B) who has all the qualifications and none of the disqualifications to become a Filipino citizen.

(C) born and raised in the Philippines who has all the qualifications and none of the
disqualifications to become a Filipino citizen.

(D) whose mother or father is a naturalized Filipino and who himself is qualified to be
naturalized.

(2) Jax Liner applied for a public utility bus service from Bacolod to Dumaguete from the Land
Transportation Franchising and Regulatory Board (LTFRB). BB Express opposed. LTFRB ruled
in favor of Jax. BB appealed to the Secretary of the Department of Transportation and
Communication (DOTC), who reversed the LTFRB decision. Jax appealed to the Office of the
President which reinstated the LTFRB’s ruling. BB Express went to the Court of Appeals on
certiorari questioning the decision of the Office of the President on the ground that Office of the
President has no jurisdiction over the case in the absence of any law providing an appeal from
DOTC to the Office of the President. Will the petition prosper?

(A) No, exhaustion of administrative remedies up to the level of the President is a pre-requisite
to judicial recourse.

(B) No, the action of the DOTC Secretary bears only the implied approval of the President who
is not precluded from reviewing the decision of the former.

(C) Yes, when there is no law providing an appeal to the Office of the President, no such
appeal may be pursued.

(D) Yes, the doctrine of qualified political agency renders unnecessary a further appeal to the
Office of the President.
(3) Where A is set for promotion to Administrative Assistant III and B to the post of
Administrative Assistant II vacated by A, the appointing authority must

(A) submit to the CSC the two promotional appointments together for approval.

(B) not appoint B until the CSC has approved A’s appointment.

(C) submit to the Civil Service Commission (CSC) the second appointment after its approval of
the first.

(D) simultaneously issue the appointments of A and B.

(4) When a witness is granted transactional immunity in exchange for his testimony on how his
immediate superior induced him to destroy public records to cover up the latter's act of
malversation of public funds, the witness may NOT be prosecuted for

(A) direct contempt.

(B) infidelity in the custody of public records.

(C) falsification of public documents.

(D) false testimony.

(5) Mario, a Bureau of Customs’ examiner, was administratively charged with grave misconduct
and preventively suspended pending investigation. The head of office found him guilty as
charged and ordered his dismissal. The decision against him was executed pending appeal.
The Civil Service Commission (CSC) subsequently found him guilty and after considering a
number of mitigating circumstances, reduced his penalty to only one month suspension. Is
Mario entitled to back salaries?

(A) Yes, the reduction of the penalty means restoration of his right to back salaries.

(B) No, the penalty of one month suspension carries with it the forfeiture of back salaries.

(C) No, he is still guilty of grave misconduct, only the penalty was reduced.

(D) Yes, corresponding to the period of his suspension pending appeal less one month.

(6) Althea, a Filipino citizen, bought a lot in the Philippines in 1975. Her predecessors-in-
interest have been in open, continuous, exclusive and notorious possession of the lot since
1940, in the concept of owner. In 1988, Althea became a naturalized Australian citizen. Is she
qualified to apply for registration of the lot in her name?

(A) Yes, provided she acquires back her Filipino citizenship.

(B) No, except when it can be proved that Australia has a counterpart domestic law that also
favors former Filipino citizens residing there.

(C) Yes, the lot is already private in character and as a former natural-born Filipino, she can
buy the lot and apply for its registration in her name.

(D) No, foreigners are not allowed to own lands in the Philippines.

(7) The privacy of communication and correspondence shall be inviolable except upon lawful
order of the court or when

(A) public safety or public health requires otherwise as prescribed by law.

(B) dictated by the need to maintain public peace and order.

(C) public safety or order requires otherwise as prescribed by law.

(D) public safety or order requires otherwise as determined by the President.

(8) One advantage of a written Constitution is its

(A) reliability.

(B) permanence.

(C) flexibility.

(D) expediency.

(9) An appointment held at the pleasure of the appointing power

(A) essentially temporary in nature.

(B) requires special qualifications of the appointee.

(C) requires justifiable reason for its termination.

(D) is co-extensive with the term of the public officer who appointed him.
(10) The city government filed a complaint for expropriation of 10 lots to build a recreational
complex for the members of the homeowners' association of Sitio Sto. Tomas, the most
populated residential compound in the city. The lot owners challenged the purpose of the
expropriation. Does the expropriation have a valid purpose?

(A) No, because not everybody uses a recreational complex.

(B) No, because it intends to benefit a private organization.

(C) Yes, it is in accord with the general welfare clause.

(D) Yes, it serves the well-being of the local residents.

(11) An example of a content based restraint on free speech is a regulation prescribing

(A) maximum tolerance of pro-government demonstrations.

(B) a no rally-no permit policy.

(C) when, where, and how lawful assemblies are to be conducted.

(D) calibrated response to rallies that have become violent.

(12) The President forged an executive agreement with Vietnam for a year supply of animal
feeds to the Philippines not to exceed 40,000 tons. The Association of Animal Feed Sellers of
the Philippines questioned the executive agreement for being contrary to R.A. 462 which
prohibits the importation of animal feeds from Asian countries. Is the challenge correct?

(A) Yes, the executive agreement is contrary to our existing domestic law.

(B) No, the President is the sole organ of the government in external relations and all his
actions as such form part of the law of the land.

(C) No, international agreements are sui generis which must stand independently of our
domestic laws.

(D) Yes, the executive agreement is actually a treaty which does not take effect without
ratification by the Senate.

(13) Jose Cruz and 20 others filed a petition with the COMELEC to hold a plebiscite on their
petition for initiative to amend the Constitution by shifting to a unicameral parliamentary form of
government. Assuming that the petition has been signed by the required number of registered
voters, will it prosper?

(A) No, only Congress can exercise the power to amend the Constitution.

(B) Yes, the people can substantially amend the Constitution by direct action.

(C) Yes, provided Congress concurs in the amendment.

(D) No, since they seek, not an amendment, but a revision.

(14) The Comelec en banc cannot hear and decide a case at first instance EXCEPT when

(A) a Division refers the case to it for direct action.

(B) the case involves a purely administrative matter.

(C) the inhibition of all the members of a Division is sought.

(D) a related case is pending before the Supreme Court en banc.

(15) Each of the Constitutional Commissions is expressly described as "independent,"


exemplified by its

(A) immunity from suit.

(B) fiscal autonomy.

(C) finality of action.

(D) collegiality.

(16) There is double jeopardy when the dismissal of the first case is

(A) made at the instance of the accused invoking his right to fair trial.

(B) made upon motion of the accused without objection from the prosecution.

(C) made provisionally without objection from the accused.

(D) based on the objection of the accused to the prosecution's motion to postpone trial.

(17) The new Commissioner of Immigration, Mr. Suarez, issued an Office Order directing the
top immigration officials to tender courtesy resignation to give him a free hand in reorganizing
the agency. In compliance, Director Sison of the Administrative Department tendered his
resignation in writing which Mr. Suarez immediately accepted. Director Sison went to court,
assailing the validity of his courtesy resignation and Mr. Suarez’s acceptance of the same. Will
the action prosper?

(A) No, Director Sison tendered his resignation and it was accepted.

(B) No, estoppel precludes Director Sison from disclaiming the resignation he freely tendered.

(C) Yes,for so long as no one has yet been appointed to replace him, Director Sison may still
withdraw his resignation.

(D) Yes, Director Sison merely complied with the order of the head of office; the element of
clear intention to relinguish office is lacking.

(18) An administrative rule that fixes rates is valid only when the proposed rates are

(A) published and filed with the UP Law Center.

(B) published and hearings are conducted.

(C) published and posted in three public places.

(D) published and all stakeholders are personally notified.

(19) The government sought to expropriate a parcel of land belonging to Y. The law provides
that, to get immediate possession of the land, the government must deposit the equivalent of
the land's zonal value. The government insisted, however, that what apply are the rules of
court which require an initial deposit only of the assessed value of the property. Which should
prevail on this matter, the law or the rules of court?

(A) Both law and rules apply because just compensation should be fixed based on its zonal or
assessed value, whichever is higher.

(B) Both law and rules apply because just compensation should be fixed based on its zonal or
assessed value, whichever is lower.

(C) The law should prevail since the right to just compensation is a substantive right that
Congress has the power to define.

(D) The rules of court should prevail since just compensation is a procedural matter subject to
the rule making power of the Supreme Court.
(20) After X, a rape suspect, was apprised of his right to silence and to counsel, he told the
investigators that he was waiving his right to have his own counsel or to be provided one. He
made his waiver in the presence of a retired Judge who was assigned to assist and explain to
him the consequences of such waiver. Is the waiver valid?

(A) No, the waiver was not reduced in writing.

(B) Yes, the mere fact that the lawyer was a retired judge does not cast doubt on his
competence and independence.

(C) Yes, the waiver was made voluntarily, expressly, and with assistance of counsel.

(D) No, a retired Judge is not a competent and independent counsel.

(21) Governor Paloma was administratively charged with abuse of authority before the Office of
the President. Pending hearing, he ran for reelection and won a second term. He then moved
to dismiss the charge against him based on this supervening event. Should the motion be
granted?

(A) Yes, Governor Paloma's reelection is an expression of the electorate's obedience to his
will.

(B) No, Governor Paloma's reelection cannot extinguish his liability for malfeasance in office.

(C) No, Governor Paloma's reelection does not render moot the administrative case already
pending when he filed his certificate of candidacy for his reelection bid.

(D) Yes, Governor Paloma's reelection is an expression of the electorate's restored trust.

(22) The decision of the Regional Trial Court on appeals pertaining to inclusions or exclusions
from the list of voters

(A) is inappealable.

(B) is subject to an action for annulment.

(C) may be brought straight to the Supreme Court.

(D) is appealable to the Commission on Elections.

(23) The equal protection clause allows valid classification of subjects that applies
(A) only to present conditions.

(B) so long as it remains relevant to the government.

(C) for a limited period only.

(D) for as long as the problem to be corrected exists.

(24) The President wants to appoint A to the vacant post of Associate Justice of the Supreme
Court because of his qualifications, competence, honesty, and efficiency. But A’s name is not
on the list of nominees that the Judicial and Bar Council (JBC) submitted to the President.
What should the President do?

(A) Request the JBC to consider adding A to the list.

(B) Decline to appoint from the list.

(C) Appoint from the list.

(D) Return the list to JBC.

(25) Courts may still decide cases that have otherwise become academic when they involve

(A) the basic interest of people.

(B) petitions for habeas corpus.

(C) acts of the Chief Executive.

(D) Presidential election protests.

(26) The right of the State to prosecute crimes by available evidence must yield to the right of

(A) the accused against self-incrimination.

(B) another State to extradite a fugitive from justice.

(C) the State to deport undesirable aliens.

(D) the complainant to drop the case against the accused.

(27) A temporary appointee to a public office who becomes a civil service eligible during his
tenure

(A) loses his temporary appointment without prejudice to his re-appointment as permanent.
(B) has the right to demand conversion of his appointment to permanent.

(C) automatically becomes a permanent appointee.

(D) retains his temporary appointment.

(28) Upon endorsement from the Senate where it was first mistakenly filed, the House of
Representatives Committee on Justice found the verified complaint for impeachment against
the President sufficient in form but insufficient in substance. Within the same year, another
impeachment suit was filed against the President who questioned the same for being violative
of the Constitution. Is the President correct?

(A) No, "initiated" means the Articles of Impeachment have been actually filed with the Senate
for trial; this did not yet happen.

(B) No, the first complaint was not deemed initiated because it was originally filed with the
Senate.

(C) Yes, the dismissal of the first impeachment proceeding bars the initiation of another during
the same term of the President.

(D) Yes, no impeachment proceeding can be filed against the President more than once within
a year.

(29) The Solicitor General declines to institute a civil action on behalf of a government agency
due to his strained relation with its head, insisting that the agency’s lawyers can file the action.
Is the Solicitor General correct?

(A) Yes, when he deems he cannot harmoniously and effectively work with the requesting
agency.

(B) No, he must, in choosing whether to prosecute an action, exercise his discretion according
to law and the best interest of the State.

(C) Yes, as in any lawyer-client relationship, he has the right to choose whom to serve and
represent.

(D) No, the Solicitor General's duty to represent the government, its offices and officers is
mandatory and absolute.
(30) A department secretary may, with the President's consent, initiate his appearance before
the Senate or the House of Representatives which

(A) must seek the concurrence of the other House before acting.

(B) must hold an executive session to hear the department secretary.

(C) may altogether reject the initiative.

(D) must accept such initiated appearance.

(31) The Metro Manila Development Authority (MMDA) passed a rule authorizing traffic
enforcers to impound illegally parked vehicles, for the first offense, and confiscate their
registration plates for the second. The MMDA issued this rule to implement a law that
authorized it to suspend the licenses of drivers who violate traffic rules. Is the MMDA rule
valid?

(A) No, since the MMDA does not have rule-making power.

(B) Yes, it is a valid exercise of the power of subordinate legislation.

(C) Yes, it is an implicit consequence of the law upon which it acted.

(D) No, the rule goes beyond the sphere of the law.

(32) Senator Bondoc was charged with murder and detained at the Quezon City Jail. He
invoked, in seeking leave from the court to attend the session of the Senate, his immunity from
arrest as a Senator. How should the court rule on his motion?

(A) Deny the motion unless the Senate issues a resolution certifying to the urgency of his
attendance at its sessions.

(B) Grant the motion provided he posts bail since he is not a flight risk.

(C) Grant the motion so as not to deprive the people who elected him their right to be
represented in the Senate.

(D) Deny the motion since immunity from arrest does not apply to a charge of murder.

(33) X, an administrative officer in the Department of Justice, was charged with grave
misconduct and preventively suspended for 90 days pending investigation. Based on the
evidence, the Secretary of Justice found X guilty as charged and dismissed him from the
service. Pending appeal, X's dismissal was executed. Subsequently, the Civil Service
Commission (CSC) reversed the Secretary’s decision and the reversal became final and
executory. What is the effect of X's exoneration?

(A) X is entitled to reinstatement and back salaries both during his 90 day preventive
suspension and his suspension pending appeal.

(B) X is entitled to reinstatement and back salaries corresponding only to the period of delay
caused by those prosecuting the case against him.

(C) X is entitled to reinstatement but not to back salaries on ground of "damnum absque
injuria."

(D) X is entitled to reinstatement and back salaries during his suspension pending appeal.

(34) Courts may dismiss a case on ground of mootness when

(A) the case is premature.

(B) petitioner lacks legal standing.

(C) the questioned law has been repealed.

(D) the issue of validity of law was not timely raised.

(35) Alfredo was elected municipal mayor for 3 consecutive terms. During his third term, the
municipality became a city. Alfredo ran for city mayor during the next immediately succeeding
election. Voltaire sought his disqualification citing the 3 term limit for elective officials. Will
Voltaire's action prosper?

(A) No, the 3 term limit should not apply to a person who is running for a new position title.

(B) Yes, the 3 term limit applies regardless of any voluntary or involuntary interruption in the
service of the local elective official.

(C) Yes, the 3 term limit uniformly applies to the office of mayor, whether for city or
municipality.

(D) No, the 3 term limit should not apply to a local government unit that has assumed a
different corporate existence.

(36) In what scenario is an extensive search of moving vehicles without warrant valid?
(A) The police became suspicious on seeing something on the car’s back seat covered with
blanket.

(B) The police suspected an unfenced lot covered by rocks and bushes was planted to
marijuana.

(C) The police became suspicious when they saw a car believed to be of the same model used
by the killers of a city mayor.

(D) The driver sped away in his car when the police flagged him down at a checkpoint.

(37) Pre-proclamation controversies shall be heard

(A) summarily without need of trial.

(B) through trial by commissioner.

(C) ex parte.

(D) through speedy arbitration.

(38) When the President orders the Chief of the Philippine National Police to suspend the
issuance of permits to carry firearms outside the residence, the President exercises

(A) the power of control.

(B) the Commander-in-Chief power.

(C) the power of supervision.

(D) the calling out power.

(39) Carlos, a foreign national was charged with and convicted of a serious crime in State X
and sentenced to life imprisonment. His country applied for relief with the International Court of
Justice (ICJ), arguing that State X did not inform Carlos of his right under Article 36 of the
Vienna Convention to be accorded legal assistance by his government. State X, as signatory to
the Vienna Convention, agreed to ICJ's compulsory jurisdiction over all disputes regarding the
interpretation or application of the Vienna Convention. ICJ ruled that State X violated its
obligation to provide consular notification to the foreign national's country. ICJ also required
State X to review and reconsider the life sentence imposed on the foreign national. State X
then wrote the United Nations informing that it was withdrawing from the Optional Protocol on
Vienna Convention and was not bound by the ICJ decision. What principle of international law
did State X violate?

(A) Pacta Sunt Servanda

(B) Act of State Doctrine

(C) Protective Principle

(D) Jus Cogens

(40) An informer told the police that a Toyota Car with plate ABC 134 would deliver an
unspecified quantity of ecstacy in Forbes Park, Makati City. The officers whom the police sent
to watch the Forbes Park gates saw the described car and flagged it down. When the driver
stopped and lowered his window, an officer saw a gun tucked on the driver's waist. The officer
asked the driver to step out and he did. When an officer looked inside the car, he saw many
tablets strewn on the driver's seat. The driver admitted they were ecstacy. Is the search valid?

(A) No, the rule on warrantless search of moving vehicle does not allow arbitrariness on the
part of the police.

(B) Yes, the police officers had the duty to verify the truth of the information they got and
pursue it to the end.

(C) Yes, the police acted based on reliable information and the fact that an officer saw the
driver carrying a gun.

(D) No, police officers do not have unbridled discretion to conduct a warrantless search of
moving vehicles.

(41) The Commission on Elections is an independent body tasked to enforce all laws relative to
the conduct of elections. Hence, it may

(A) conduct two kinds of electoral count: a slow but official count; and a quick but unofficial
count.

(B) make an advance and unofficial canvass of election returns through electronic
transmission.

(C) undertake a separate and unofficial tabulation of the results of the election manually.
(D) authorize the citizens arm to use election returns for unofficial count.

(42)The President may proclaim martial law over a particular province subject to revocation or
extension

(A) by Congress,subject to ratification by the Supreme Court.

(B) by the Supreme Court.

(C) by Congress alone

(D) by Congress, upon recommendation of the respective Sangguniang Panlalawigan.

(43) During his incumbency, President Carlos shot to death one of his advisers during a heated
argument over a game of golf that they were playing. The deceased adviser’s family filed a
case of homicide against President Carlos before the city prosecutor’s office. He moved to
dismiss the case, invoking presidential immunity from suit. Should the case be dismissed?

(A) Yes, his immunity covers his interactions with his official family, including the deceased
adviser.

(B) No, his immunity covers only work-related crimes.

(C) Yes, his immunity holds for the whole duration of his tenure.

(D) No, his immunity doe